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North Carolina State Library 




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State Libracy 






STATE OF NORTH CAROLINA 



FOURTH REPORT 



OF THE 



UTILITIES COMMISSION 



FOR THE 



BIENNIAL PERIOD, 1941-1942 



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NORTH CAROLINA UTILITIES COMMISSION 

Stanley Winborn£, Chairman 
Fred C. Hunter Robert Grady Johnson 

R. 0. Self, Chief Clerk 

Elsie G. Riddick, Assistant Chief Clerk 

Edgar Womble, Utilities Clerk 

Mary Shaw, Motor Carrier Clerk 

H. M. Nicholson, Director of Traffic 
F. A. Downing, Assistant Director of Traffic 

Reporters 

Mrs. Margaret Smith Knight 

Lillian Henry 

Mrs. Mattie Lee Simmons 

Secretaries 

Sophia P. Busbee 

Kathryn Midyette 

Annie S. Ramsey 

Charlotte E. Ruffner 

Mrs. Elizabeth Napowsa 

Motor Vehicle Inspectors 

J. C. Bowman 

Broadus Glover 

J. W. Smith 

C. B. Wade 

Virgil A. Wilson 



LETTER OF TRANSMITTAL 



November 1, 1942. 

His Excellency, J. Melville Broughton, 
Governor of North Carolina, 
Raleigh, N, C, 

Sir: 

As required by Section 1065, Chapter 21, Consolidated 
Statutes, there is submitted herewith report of the North Caro- 
lina Utilities Commission for the biennium November 1, 1940, 
to November 1, 1942. 

Respectfully submitted, 

Stanley Winborne, Chairman, 
Fred C. Hunter, Commissioner. 
Robert Grady Johnson, Commissioner. 



R. 0. Self, Chief Clerk. 



76579 



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GENERAL ORDERS 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION: 

IN THE MATTER OF CONTINUATION OF ALL RULES, REGULA- 
TIONS, AND ORDERS OF THE NORTH CAROLINA UTILITIES 
COMMISSIONER OR THE NORTH CAROLINA UTILITIES COM- 
MISSION. 

Order 

The North Carolina Utilities Commission, appointed by the Governor, 
composed of Stanley Winborne, Chairman; Harry S. Tucker, and Fred C. 
Hunter, as constituted by authority of Chapter 97, Public Laws of 1941, 
entitled, "An Act to Amend Chapter One Hundred and Thirty-four, Public 
Laws of One Thousand Nine Hundred and Thirty-three, being An Act to 
Abolish the Corporation Commission and Create The Office of Utilities 
Commissioner and to Prescribe and Define The Functions, Powers, and 
Duties of Such Utilities Commissioner," having qualified as provided by 
law by taking and subscribing to the oath required by Section 5, Chapter 
134, Public Laws 1933, and said oaths so subscribed having been filed in 
the office of the Secretary of State, held its first meeting in the office of 
The North Carolina Utilities Commission and in conformity with power 
vested in the said Commission by Chapter 97, Public Laws of 1941, it is 
hereby 

Ordered, That all rules, regulations, and orders of the former Utilities 
Commission or the Utilities Commissioner, in effect on March 7, 1941, are 
hereby continued in full force and effect until further ordered. 
Issued this the 1st day of April, 1941. 

Stanley Winborne 
Fred C. Hunter 
Harry Tucker 

By Order of the North Carolina Utilities Commission: 
R. O. Self, Chief Clerk. 
Docket No. 1. 



RULES FOR THE OPERATION OF UNION BUS STATIONS: 

Order Amending Rule 22 

Rule 22 of the rules and regulations for the operation of Union Bus 
Stations established under Order of June 12, 1925, as amended June 6, 
1939, and amendments thereto, are hereby ordered repealed and stricken 
out, and in lieu thereof the following substituted: 

22. When Carriers Shall Honor Tickets of One Another. 

Carriers operating from a common station where tickets are sold to 
a common destination, over the same or different routes, shall honor the 
tickets of one another between said points, and the carrier lifting the 
same shall be reimbursed therefor by the issuing carrier in the amount 
paid for same, less the applicable station charge at point of sale. 



6 N. C. Utilities Commission 

This Order shall be in full force and effect from and after the 10th 
day of October, 1942. 

By Order of the Commission: 
This 20th day of September, 1942. 

R. O. Self, Chief Clerk, 
Docket No. 1. 

IN THE MATTER OF ORDER OF THE COMMISSION, DATED SEP- 
TEMBER 20, 1942, AMENDING RULE 22 OF THE RULES FOR THE 
OPERATION OF UNION BUS STATIONS ESTABLISHED UNDER 
ORDER OF JUNE 12, 1925, AS AMENDED JUNE 6, 1939, AND 
AMENDMENTS THERETO. 

Order 

Rule Docket No. 1. 

This Matter came before the Commission upon motions filed by the 
Atlantic Greyhound Corporation, Carolina Coach Company and the Nor- 
folk Southern Bus Corporation, wherein the moving parties filed a special 
appearance and asked that Rule 22 of the Rules for the Operation of Union 
Bus Stations adopted by this Commission on the 20th day of September, 
1942, be vacated and declared null and void. The motion* were set for 
hearing and were heard on the 22nd day of October, 1942, before the whole 
Commission, at which time the Seashore Transportation Company appeared 
and asked that it be allowed to become a party and to be considered as 
having adopted as its position the motions filed by the three other bus 
companies above mentioned. This request was granted. 

The Queen City Coach Company, Smoky Mountain Stages, Greensboro- 
Fayetteville Bus Line and Fort Bragg Bus Line appeared, filed no written 
pleadings but stated orally that they opposed any change in Rule 22, adopted 
and promulgated by this Commission on September 20, 1942, and asked 
that they be permitted to participate in the argument, which was allowed. 

APPEARANCES: 

For Atlantic Greyhound Corporation, I. M. Bailey and Ehringhaus 

& Ehringhaus. 

For Carolina Coach Company, William B. Umstead and Arch T. 

Allen. 

For Norfolk Southern Bus Corporation, Simms & Simms. 

For Seashore Transportation Company, D. L. Ward. 

For Queen City Coach Company, Smoky Mountain Stages, Greens- 

boro-Fayetteville Bus Line and Fort Bragg Bus Line, R. G. Cherry, 

WiNBORNE, Chairman. 

The rule complained of and which the Commission is asked to vacate 
and declare null and void is as follows: 

"Rule 22. When Carriers Shall Honor Tickets of One Another.'' 

"Carriers operating from a common station where tickets are sold 
to a common destination, over the same or different routes, shall honor 
the tickets of one another between said points, and the carrier lifting 
the same shall be reimbursed therefor by the issuing carrier in the 
amount paid for same, less the applicable station charge at point 
of sale." 



General Orders 7 

The reasons set out by the movements in support of their motion to 
vacate said rule are briefly as follows: 

1. That said rule was adopted and entered without notice to the carriers 
and without a hearing and, therefore, failed to conform to statutory require- 
ments of constitutional guarantees. 

2. That the Commission has no authority to compel common carriers by 
motor vehicles to honor one another's tickets between common points, nor 
to compel one carrier to reimburse another carrier for a ticket so honored. 

3. That said rule will not promote harmony among the operators and 
efficiency of service to the travelling public. 

4. That said rule is unreasonable, arbitrary, discriminatory and illegal. 

5. That said rule impairs the obligations of contracts in violation of 
Section 10 of Article 1 of the Federal Constitution, and S'ection 17, Article 
1 of the State Constitution, and 

6. That the rule will enable certain carriers to take and transport pas- 
sengers which may affect the minimum passenger loads required by the 
Office of Defense Transportation. 

The wording of the motion filed with this Commission by the several bus 
companies are identical and will be treated herein as one. 

The powers vested in the Commission by the Motor Vehicle Carrier Act, 
Chapter 136, Public Laws of 1927, and amendments thereto, are very broad. 
Section 7 of said Act reads as follows: 

"That the Commissioner (now Commission) is hereby vested with 
power and authority to supervise and regulate every motor vehicle 
carrier under this Act; to make or approve the rates, fares, charges, 
classifications, rules and regulations for service and safety of operation 
and the checking of baggage of each such motor vehicle carrier; to 
supervise the operation of union bus passenger stations in any manner 
necessary to promote harmony among the operators. * * * * The 
Commissioner shall have power and authority, by general order or 
otherwise, to prescribe rules and regulations applicable to any and all 
motor vehicle carriers * * * * and is hereby authorized, empowered 
and directed to see that such rules and regulations and all, and singu- 
larly, the provisions of this Act are enforced." The remainder of said 
Section relates to accommodations for both races. 

We find nothing in the law that requires the Commission to give notice 
to the carriers of the adoption of any rule, or in the change of any rule 
or regulation. There are a multiplicity of carriers under the jurisdiction of 
the Commission, and if the Commission were required to notify all carriers 
affected by any particular contemplated rule, or change in rule or regu- 
lation before said rule could be adopted or change made therein, it is per- 
fectly possibly that the delay resulting therefrom could render useless and 
unnecessary the necessity of the rule contemplated. The General Assembly 
in its wisdom must have foreseen that it often becomes imperative and in 
the public interest to act quickly and adopt and promulgate a rule to 
obviate inconvenience and injury to the public and to promote efficiency 
of service. In all cases where there is objection to a rule made by this 
Commission opportunity is afforded the carriers to present their objections 
to the Commission and, unless the need for the rule is imminent, time is 
given for presenting said objection before the rule becomes effective. 
In the instant case twenty days was given from the adoption of the rule 



8 N. C. Utilities Commission 

until it became effective, and upon the filing of objections the effective 
date was extended until the objections could be heard. 

A franchise carrier has no right to operate over the roads in the State 
except that right which is given by this Commission, and this right is 
conferred and accepted upon the condition that it be exercised subject to 
the rules and regulations of this Commission. A rule requiring that where 
two or more carriers operating between common points shall accept each 
other's tickets for the transportation of passengers, wherein it is pro- 
vided that the issuing carrier shall be fully compensated for any expense 
it might have incurred in selling the ticket, is in the public interest and is 
not such an impairment of the obligation of contracts as come within the 
inhibitions of Section 10, Article 1 of the Federal Constitution and Section 
17, Article 1 of the State Constitution. Any passenger who has purchased 
a ticket over one line and later decides that he prefers to travel over another 
line has the right to surrender his ticket and demand a refund in full and 
purchase a ticket over the other line. This is a daily practice and the instant 
rule merely relieves the passenger of the trouble and inconvenience of 
surrendering his ticket and buying a new one by providing that the ticket 
shall be accepted by the other line which shall have the right to collect 
the purchase price from the issuing line, less the station expense of 
selling same. 

There is no breach of contract on the part of the carrier issuing the 
ticket, as was argued, when the passenger travels on the same ticket over 
the line of another carrier, for the reason that the right of the carrier to 
sell the ticket in the first instance arises solely from the authority con- 
ferred by this Commission under the powers delegated to it by the General 
Assembly, and when the carrier acts in conformity with the rules and 
regulations promulgated by this Commission, it is absolved from all blame 
for its conduct in obedience to said rules. Neither is the carrier who sells 
the ticket liable for injury or damage to a passenger as a result of negli- 
gence on the part of another carrier honoring the ticket, for the reason 
that when another carrier honors the ticket under the rules of the Com- 
mission a contractual obligation arises between the honoring carrier and the 
passenger to transport the passenger safely to his destination and the carrier 
issuing the ticket is relieved from all responsibility for the conduct of the 
other carrier. 

The contention that the rule will enable certain carriers to take and 
transport passengers which may affect the minimum passenger loads 
required by the Office of Defense Transportation is without impressive force. 
The Commission believes that quite the contrary will be the result. The 
effect of the rule will be to equalize and distribute the over-loads which 
so frequently exist today. 

The occasion for the passage of this rule was that between the few 
points in the State where two or more bus lines operate, either over the 
same or different routes, the public has been greatly inconvenienced, due 
to the fact that a passenger purchasing a ticket over one bus line fre- 
quently finds that due to misinformation or lack of information or to late- 
ness of schedules, there is another bus operated by another company 
leaving for the same destination before the one over which he had pur- 



General Orders 9 

chased his ticket, and that the only way by which he could avail himself 
of the earlier schedule was to surrender his ticket and purchase another 
ticket over the other line. Furthermore, it frequently occurs that the bus 
operating on the schedule for which his ticket calls is crowded to capacity and 
the passenger cannot get on while there are seats vacant in the bus of 
another company operating to the same point and leaving a few minutes 
later. The bus companies in several instances have recognized the neces- 
sity of accepting each other's tickets and have entered into contracts 
between Raleigh and Fayetteville, Charlotte and Kings Mountain, and 
some other points, whereby the tickets of each line will be received by 
the other and this rule simply requires them to do in all instances what 
they have found to be advantageous both to the carriers and convenient 
to the public. 

There is some little force in the contention that the rule may result in 
one carrier transporting the baggage and another carrier transporting 
the passenger and that the carrier transporting the baggage, if same is 
lost or damaged, may incur a liability for which it receives no compensa- 
tion. However, the possibility of this is so remote and the law of averages 
would so nearly offset one company's liability against another, that in 
consideration of the great convenience afforded the public by the rule, 
we do not think that this is of sufficient importance to abrogate the rule. 

Wherefore, the motions to vacate and declare null and void Rule 22, 
issued on September 20, 1942, are denied. 

It is further ordered, that Rule 22 shall be in full force and effect 
on and after December 1, 1942. 

This the 12th day of November, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Coviviissioner 
R. G. Johnson, ConiTnissioner. 

BY ORDER OF THE NORTH CAROLINA UTILITIES COMMISSION. 

R. O. Self, Chief Clerk. 
Docket No. 1. 

IN RE: CONCESSIONS IN BUS STATIONS. 
Order 

Whereas, many complaints have come to the attention of the Commission 
as to the crowded condition of the waiting rooms in the bus stations 
throughout the State as a result of enormous increase in travel since the 
declaration of war and the curtailment in the use of gasoline and ration- 
ing of private automobile tires; and 

Whereas, the Commission has caused to be made investigation of the 
various bus stations of the State, and has in some instances personally 
inspected some of the principal stations located in defense areas, 

THE COMMISSION NOW FINDS AS A FACT: 

First. That in the stations located in the principal cities and towns of 
the State too much space has been allotted to and is being used by con- 



10 N. C. Utilities Commission 

cessions, thereby reducing the waiting room area which should be available 
to the traveling public. 

Second. That in some stations there are various types of slot machines, 
pinball tables, slot photo machines and other amusement devices in the 
waiting rooms which occupy space which should be available to the traveling 
public and which attract loafers who for long periods of time loiter around 
the stations and are not there for the purpose of using the transportation 
facilities. 

Third. That in several of the stations beer and wine are sold by the 
concessions in the waiting rooms, which not only tends to create a nuisance 
to the traveling public but which attracts customers who are not there to 
use the transportation facilities and thereby occupy space which should 
be available to the traveling public. 

WHEREFORE IT IS ORDERED: 

1. That on and after thirty (30) days from date hereof no pinball tables, 
amusement or gaming machines or other devices will be allowed in any 
waiting room in any bus station within the State, or in any other place in 
any station building accessible to the public through any such waiting room. 

2. That on and after thirty (30) days from date hereof no beer, wine 
or other alcoholic beverages shall be sold within any waiting room of any 
bus station in the State, or in any other place in any station building 
accessible to the public through any such waiting room. 

3. That the total area occupied by any and/or all permitted concessions 
within any waiting room of any bus station shall not exceed 10% of the 
floor space of said waiting room. 

4. This order shall not be construed to apply to stations operated by 
Commission agents where the station room or building is used primarily 
for another purpose, such as a store or restaurant where tickets are sold on 
commission. 

This the 20th day of October, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Covi^nissioner. 

By order of the Commission the day and year above written. 
R. O. Self, Chief Clerk. 
Docket No. 1. 



General Orders 11 

r M. V. C. No. 63. 

September 8, 1939. 

TO UNION BUS STATION AGENTS: 

Please advise this office if you are being troubled by loss of baggage and 
advise us if you know where the trouble is. We are receiving considerable 
complaints about this matter and it appears to us to be due to some kind 
of careless management in some bus stations; therefore, if you have had 
reports on lost baggage, please advise me where and at what places the 
errors seem to be made, and we shall investigate it. 

In the meantime, I wish to advise that baggage checking should not be 
left to irresponsible employees such as porters, but every station of any 
consequence should have a responsible baggage checker, because that is 
one of the important things in connection with the transportation of 
passengers. 

Respectfully, 

R. 0. Self, Clerk and Director of 

Motor Vehicle Transportation. 
Docket No. 1. 

M. V. C. Circular No. 64. 
November 17, 1939. 

LETTER TO MOTOR VEHICLE PASSENGER AND FREIGHT 

CARRIERS: 

(Same Form as M. V. C. No. 66) 
Docket No. 1. 



M. V. C. Circular No. 65. 
June 22, 1940. 

TO ALL MOTOR VEHICLE CARRIERS OF PASSENGERS AND TO 
ALL UNION BUS STATION AGENTS: 

The bulletin boards in union bus stations must be reserved for informa- 
tion from carriers and the station authorities to the public and not for the 
purpose of disseminating information between any carrier and its em- 
ployees. Station agents shall supervise this rule and enforce it. 

Respectfully, 

R. 0. Self, Clerk and Director of 

Motor Vehicle Transportation. 
Docket No. 1. 

M. V. C. Circular No. 66. 
November 15, 1940. 

TO ALL MOTOR VEHICLE PASSENGER AND FREIGHT CARRIERS: 

License tags for the year 1941 will be ready for distribution on November 
30, 1940, and Description of Equipment forms are enclosed for your use 



12 N. C. Utilities Commission 

in making application to this office for necessary authority to purchase 
them. We are cooperating with the Department of Revenue in order to 
get your tags out before the rush. There is no reason why carriers should 
have to come to Raleigh and stand in line day after day in order to get 
tags. 

Please prepare foiCr copies of list of your equipment in order that you 
may secure your 1941 tags without unnecessary delay. When such lists 
have been filed with this ofRce, certificate will be issued to the Com- 
missioner of Revenue, authorizing him to sell tags for use on such vehicles 
as are completely and accurately described and for which we have public 
liability and property damage insurance on file. Motor carriers are directed 
to furnish description for trailers as separate units. 

The Motor Vehicle Carrier Act provides for the collection of a fee of 
twenty-five cents for each motor vehicle or trailer re-registered and a fee 
of one dollar for new registration; therefore, make your check for this 
fee payable to the North Carolina Utilities Commission. 

If you operated on tags authorized by this Commission this year, please 
make your application for tags to this office, and not the Department of 
Revenue. 

I would like to emphasize again the importance of your making four copies 
of your description of equipment. 

Respectfully, 

R. O. Self, Chief Clerk. 
Docket No. 1. 



Motor Vehicle Circular No. 67. 
September 10, 1941. 

TO ALL PASSENGER MOTOR VEHICLE CARRIERS: 

IN RE: Baggage Liability 

This is to advise that many of our motor vehicle passenger carriers have 
printed on their baggage checks the liability of $25.00, which I am advised 
is the minimum interstate liability. 

This liability in North Carolina is limited to $50.00, as is set forth in 
paragraph 13 of Rule 31 governing operation of Union Bus Stations. The 
object of this Circular is to call to your attention this fact, and to request 
that you have the several agents on your line make a rubber stamp with 
the following inscription in order that same may be stamped over any 
printed matter on baggage checks which are not consistent therewith: 

"Baggage Liability in North Carolina Limited to $50.00, unless higher 
valuation declared and shown on this check and extra charge paid, 
as provided by traffic Regulations filed with and approved by the North 
Carolina Utilities Commission." 

The above form shall be stamped on all intrastate baggage checks. 

Respectfully, 

R. O. Self, Chief Clerk. 

By Order of the Commission. 



General Orders 13 

M. V. C. Circular No. 68. 
November 17, 1941. 

TO ALL MOTOR VEHICLE PAS'SENGER AND FREIGHT CARRIERS: 

License tags for the year 1942 will be ready for distribution on December 
1, 1941 and Description of Equipment forms are enclosed for your use in 
making application to this office for necessary authority to purchase them. 
We are cooperating with the Department of Revenue in order to get your 
tags out before the rush. There is no reason why carriers should have to 
come to Raleigh and stand in line day after day in order to get tags. 

Please prepare four copies of list of your equipment in order that you 
may secure your 1942 tags without unnecessary delay. When such lists 
have been filed with this office, certificate will be issued to the Commissioner 
of Motor Vehicles, authorizing him to sell tags for use on such vehicles 
as are completely and accurately described and for which we have public 
liability and property damage insurance on file. Motor Carriers are directed 
to furnish description for trailers as separate units. 

The Motor Vehicle Carrier Act provides for the collection of a fee of 
twenty-five cents for each motor vehicle or trailer re-registered and a fee 
of one dollar for new registration; therefore, make your check for this 
fee payable to the North Carolina Utilities Commission. 

If you operated on tags authorized by this Commission this year, please 
make your application for tags to this office, and not the Department 
of Motor Vehicles. 

I would like to emphasize again the importance of your making four copies 
of your description of equipment. 

Respectfully, 

R. O. Self, Chief Clerk. 
Docket No. 1. 

M. V. C. Circular No. 69. 
December 10, 1941. 

TO ALL BUS COMPANIES OPERATING UNDER FRANCHISE IN 
NORTH CAROLINA: 

Prior to 1934, the North Carolina Utilities Commission issued its own 
passes to those entitled to transportation under Section 13, Chapter 136, 
Public Laws of 1927. We are issuing, effective immediately, such passes to 
those legally entitled thereto, signed by R. 0. Self, Chief Clerk of this 
Commission, and request that you post a copy thereof on your bulletin 
boards and circularize your drivers to this effect. 

The pass cards being issued are white and contain the following printed 
form on the front: 



14 N. C. Utilities Commission 

NORTH CAROLINA UTILITIES COMMISSION 
RALEIGH, N. C. 

No. - 

To All Bus Carriers : 

This Pass Entitles 

Account 

To free transportation on all lines within the State of North 
Carolina until December 31st, 19 . 

Chief Clerk. 

On the reverse side is printed the following: 

"The party to whom this pass is issued is entitled to free trans- 
portation under Section 13, Chapter 136, Public Laws of 1927, and 
amendments thereto." 

All passes will contain the Commission's seal imprinted thereon. 
By order of the Commission, this the 10th day of December, 1941. 

R. O. Self, Chief Clerk. 
Docket No. 1. 



M. V. Circular No. 70. 

IN THE MATTER OF MOTOR VEHICLE PASSENGER TRANSPOR- 
TATION. 

Notice to Carriers 

To All Motor Vehicle Passenger Franchise Carriers: 

The Utilities Commission takes cognizance of the fact that the United 
States is at war; that North Carolina has been chosen for the location 
of a number of large training camps for the armed forces, and that its 
factories are engaged in the production of essential war supplies; that the 
man power of the state has been drafted and vital materials have been 
requisitioned for the prosecution of the war; that motor vehicles and tires 
have been rationed and thousands of employees living in suburban areas 
will be without transportation facilities to and from their places of employ- 
ment in cities and towns. 

The Commission also takes cognizance of the fact that franchise rights 
have been granted over all the principal highways of the state; that under 
such rights large sums of money have been invested in buses and terminal 
facilities; and an inter-city transportation service established throughout 
the state which is efficient and adequate for the needs of the public under 
normal peace-time conditions; that during recent months it has been diffi- 
cult, if not impossible, to provide sufficient buses and schedules to meet 
the needs of inter-city travel, and with little or no accommodations for 
employees living in suburban areas; that the city-to-city routes of the 
larger passenger carriers do not traverse suburban sections sufficiently 



General Orders 15 

to meet the needs of those sections; that the through schedules of the 
larger operators are not sufficiently maintained and timed to be available 
and depended upon by employees who must report for duty at fixed 
times, and that the through buses used by said carriers are too large and 
unwieldly to make the stops and turns required for local accommoda- 
tions; that the larger inter-city carriers do not have the equipment required 
for the transportation of employees to and from their places of employ- 
ment, such service being aside from the thought and plan of such opera- 
tors, except for the purpose of protecting their franchise rights. 

It has been, and is now, the policy of the Commission to protect fran- 
chise rights, to the end that investments made upon the integrity of such 
rights may be secure, but it is neither the policy of the Commission nor the 
policy of the law to deny citizens, who have been called upon to forego the 
use of their automobiles in the interest of war time economy, the right 
to use the public highways of the state, and by any and every means of 
transportation that may be made available to them, until such time as they 
are again permitted to obtain tires and use automobiles. Therefore, 

All Motor Vehicle Passenger Franchise Carriers Will Take Notice 
that war conditions, and particularly the rationing of automobiles and tires, 
make necessary additional buses and schedules for the transportation of 
employees living in suburban sections to and from their places of employ- 
ment, and said carriers will take notice that they are required to furnish 
additional buses and schedules sufficient to provide such service in the 
suburban areas of all principal towns and cities on their respective fran-, 
chise routes, and said carriers will Further Take Notice that upon failure 
to provide such service within thirty days of the date hereof the Commis- 
sion will take such action and grant such relief as the exigencies in each 
particular case may require, said rights to terminate when automobiles 
and tires are again made available for private use. 

This 12th day of March, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner. 
By Direction of the Commission: 

R. 0. Self, Chief Clerk. 

Docket No. 1. 

^ M. V. C. No. 71. 

July 24, 1942. 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION IN THE 
MATTER OF MAXIMUM WEIGHT LIMITS ON HIGHWAY BRIDGES. 

General Order 

To All Motor Vehicle Franchise Carriers: 

During the present national emergency and incident increase in the 
demand for the transportation of both passengers and freight, applica- 
tions have been made and granted authorizing carriers to operate over 
secondary and substandard highways on which bridges will not support the 
maximum weight fixed by law for motor vehicles. It is therefore 



16 N. C. Utilities Commission 

Ordered that all motor vehicle carriers of passengers or freight operating 
under rights granted by the Utilities Commission TAKE NOTICE of the 
maximum weight limit fixed by the State Highway Commission for bridges 
on their respective routes and strictly observe the limits fixed. 

Have copy of this circular posted on your bulletin boards where all 
drivers of trucks and buses may read it and have them orally advised 
by your traffic supervisors. 

By Order of the Commission this 24th day of July, 1942. 

R. O. Self, Chief Clerk. 
Docket No. 1. 

M. V. Circular No. 72. 
September 2, 1942. 

TO ALL CARRIERS TRANSPORTING SELECTEES FROM CONCEN- 
TRATION POINTS TO UNITED STATES ARMY CAMPS: 

Gentlemen: 

Complaint has been made to the Commission by Governmental authori- 
ties who have charge of the several Draft Boards and the transportation 
of selectees from their various counties to the United States Naval and 
Army Camps for induction into the Service to the effect that these pros- 
pective soldiers are put to too much inconvenience when transported on 
buses because of transfer from one line to another. It is thought that this 
is caused to a great extent by the shortage of equipment and the exceed- 
ingly large number of civilian transients at every exchange point. 

Section 15 of Chapter 136, Public Laws of 1927, states as follows: 

"But neither this act nor any provisions thereof shall apply or be 
construed to apply to . . . commerce among the several states of this 
union ... or business conducted for the United States Government." 

It is further thought that full bus loads of these selectees could be trans- 
ported from point of origin to destination under the "Casual Trip" pro- 
vision of Section 2 of the Motor Carrier Act. Since the emergency pro- 
vided by the War raises this question to the paramount issue, this is to 
advise and direct all carriers that full bus loads of selectees may be trans- 
ported from point of origin to destination with the full authority of this 
Commission if the Law quoted above is in any manner insufficient to extend 
that authority to the several carriers for this purpose. 

Copies of this circular have been furnished to Adjutant General J. Van 
B. Metts and Mr. Fred Wall who is in direct charge of the initial trans- 
portation of the selectees referred to. 

By direction of the Commission you are hereby authorized to take due 
notice of the provisions of this circular and govern yourselves accordingly. 

Respectfully, , 

R. O. Self, Chief Clerk. 

Docket No. 1. 



t^jbfth Carolina State Library 



General Orders 17 

M. V. Circular No. 73. 
September 25, 1942. 

TO ALL OIL JOBBERS AND PERSONS WHO SHIP, OR ARRANGE 
FOR THE TRANSPORTATION OF, GASOLINE AND OIL IN TANK 
TRUCKS OTHER THAN THEIR OWN: 

Information has come to the office of the North Carolina Utilities Com- 
mission to the effect that many oil jobbers who employ haulers for the 
transportation of gasoline and oil in tank trucks are refusing to settle with 
the haulers on the basis of the rates approved by the North Carolina Utilities 
Commission. Section 16 of Chapter 136, Public Laws of 1927, and amend- 
ments thereto, states in part as follows: 

"Violations. That every corporation and every officer, agent or 
employee of any corporation, and every other person who willfully 
violates or fails to comply with, or who procures, aids or abets the 
violation of any provision of this act, or who fails to obey, observe or 
comply with any order, decision, rule or regulation, direction or require- 
ment of the Commission, made under the provisions of this act, or 
any part or provision thereof, * * * * shall be guilty of a misdemeanor, 
and upon conviction shall be punishable by fine of not less than fifty 
dollars nor more than five hundred dollars, or imprisonment, in the 
discretion of the court, or both fine and imprisonment, in the discre- 
tion of* the court." 

The shippers and distributors were not circularized to advise them of the 
rates at the time that the rates were adopted and promulgated by the Com- 
mission, as we assumed that the tank truck operators would be aware of 
their rates and would advise shippers, but it seems that many of the haulers 
are very reluctant to press the legality of, and insist upon, the payment 
of the rates so promulgated and accept payment upon the basis of rates 
established by the shippers or distributors without regard for the rate 
schedules fixed by the Commission. 

The statute quoted above makes shipper, distributor, and carrier equally 
responsible for adhering to the established rates, copy of which is attached 
hereto. 

The rates were promulgated originally at the request of a majority of 
the carriers in order to stabilize the oil transportation industry, and it 
was not the opinion of the Commission to merely promulgate the rates, 
but to enforce them when violations occur. 

Please take due notice thereof and govern yourselves accordingly. 

By Order of the North Carolina Utilities Commission. 

R. O. Self, Chief Clerk. 
Docket No. 1. 



18 N. C. Utilities Commission 

IN THE MATTER OF SPECIAL REPORTS OF MOTOR VEHICLE 
FREIGHT CARRIERS. 

Order 

It is hereby ordered that each motor vehicle freight carrier file under 
oath on or before March 15, 1942 with this Commission a special report 
showing" revenue and expense for 1940 and 1941 by months and of assets 
and liabilities as of January 1, 1940, 1941, and 1942, as set forth in special 
report blank, Form SS. 

This the 7th day of February, 1942. 

By Order of the Commission: 

Docket U-19. 

R. 0. Self, Chief Clerk. 
(Seal) 

ORDER U-18 
Rule 

The following Rule, which has been the consistent ruling of this office 
in all cases which have arisen in connection with electric service to a resi- 
dence wherein there are rooms and/or apartments, is hereby promulgated: 

Companies under the jurisdiction of this Commission, in furnishing elec- 
tric service to a residence, wherein there are rooms and/or apartments, 
which come under the State Board of Health inspection, shall apply the 
commercial electric rate to lights and power incident to the operation of the 
building. 

A residence wherein there are rooms and/or apartments, which do not 
come under the State Board of Health inspection, the residential electric 
rate shall apply to all users throughout the building. 

This the 22nd day of February, 1941. 

Stanley Winborne, Utilities Connmissioner. 
Attest: 

R. O. Self, Chief Clerk. 

IN THE MATTER OF MONTHLY REPORTS ON DEFENSE PROJECTS 
AND REGULAR CONSTRUCTION. 

Order 

As defense projects in this State have reached such large proportions it 
is necessary that the Commission should be adequately informed on the 
scope and progress of these projects, therefore it is 

Ordered that beginning November 1, 1941, each Utility under the juris- 
diction of this Commission shall make a monthly report to this Commis- 
sion for the previous month giving detailed information as to each defense 
project as follows: 

(a) Kind of construction 

(b) Location 

(c) Number of employees 



General Orders 19 

(d) Miles of wire used 

(e) Number of poles set 

(f) Miscellaneous material 
(g") Number phones installed 

(g) Number phones installed 
(h) Number of meters installed 
(i) Number of work hours 

(j) Amount of wages 

(k) Cost of material 

(1) Time already consumed on project 

(m) Time (estimated) needed to complete project. 

And it is, 

Further ordered, that if there is any special construction incident to 
growth of plant, not included in defense projects, give same information 
stipulated for defense projects. 

This the 18th day of October, 1941. 

Stanley Winborne, Chai'nnan 
Fred C. Hunter, Commissioner 
Harry Tucker, Com/niissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2424. ^ 



MONTHLY REPORTS ON DEFENSE PROJECTS. 
Modified Order 

Whereas the order issued by the Commission on November 18, 1941, 
in Docket No. 2424, appears after investigation to place too great a burden 
on the utilities on account of the many emergency requirements now pre- 
vailing, it is now therefore 

Modified to the extent that the various utilities affected shall be required 
.to make monthly reports on new projects only and such monthly reports 
only as to the location and scope of such projects under construction; 
summary of work and cost of each project to be reported only upon com- 
pletion of said project. 

This the 21st day of November, 1941. 

By Order of the Commission: 

: R. O. Self, Chief Clerk. 

Docket No. 2424. 



DECISIONS AND ADJUSTMENTS OF COMPLAINTS 

Electric Light and Power Companies 

CAROLINA POWER & LIGHT COMPANY— SCHEDULE CC-3 COM- 
MERCIAL COOKING AND HEATING AND RIDER NO. 2 THERETO. 

Order 

The Carolina Power & Light Company through its authorized repre- 
sentatives comes before the Commission and presents rate Schedule CC-3, 
Commercial Cooking and Heating, and Rider No. 2, applicable thereto, 
and asks that this schedule and rider be approved and substituted for 
present Schedule CC-2 and Rider No. 1 thereto, Large Commercial Heating 
and Cooking. 

The new schedule in the main carries the same provisions as Schedule 
CC-2, but it eliminates a provision costly to the Company in determining 
the billing demand. 

While the change will cause an increase in the demand charge to users, 
it, on the other hand, will lower the minimum monthly charge and the 
monthly billing demand to present and prospective customers. 

In view of the fact that customers now being served on Schedule CC-2 
have advised the Commission, in writing, that they will not oppose the sub- 
stitution of CC-3 for CC-2 and, the Commission being of the opinion that 
the charges of the proposed Schedule and the proposed rider are reason- 
able and fair, therefore. 

It is ordered: That Schedule CC-3 and Rider No. 2, thereto, of the 
Carolina Power & Light Company are hereby declared reasonable and 
made effective on bills rendered to customers on and after July 1, 1942; 
and that Schedule CC-2 and Rider No. 1, thereto, of the Carolina Power & 
Light Company now in effect, are hereby cancelled effective at midnight 
June 30, 1942. 



This the 19th day of June, 1942. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

R. O. Self, Chief Clerk. 

Docket No. 1124. 

MISCELLANEOUS GENERAL SERVICE, SHORT TERM, TEMPO- 
RARY AND INTERMITTENT SERVICE, STANDBY AND SUPPLE- 
MENTAL SERVICE, AND OTHER RATE SCHEDULES OF THE 
CAROLINA POWER & LIGHT COMPANY. 

Order 

In this case the Commission has before it certain rate schedules filed 
by the Carolina Power & Light Company together with a request that 
certain schedules now in effect be restricted to customers now being served 
under contract. 



Decisions and Adjustments of Complaints 21 

Upon consideration of the proposals the Commission is of the opinion 
that the rate schedules should be accepted and that the request for restric- 
tion of schedules P-4 and P-92 should be granted, therefore 

It is ordered: That the Carolina Power & Light Company is hereby 
authorized to put into effect, effective September 15, 1942 the following 
rate schedules and riders: 

Schedule G-1. Miscellaneous General Service. 

Ride?' No. 4- Short Term and Temporary Service in conjunction with 
Schedule G-1. 

Rider No. 5. Seasonal or Intermittent Service in conjunction with Sched- 
ule G-1. 

The customer may elect whether his service is rendered under Rider 4 or 5. 

Rider No. 6. Standby and Supplementary service in conjunction with any 
Commercial or Industrial schedule, and superseding existing standby and 
supplementary service rider to Textile Mills. 

Rider No. 2. Short Term and Temporary service in conjunction with the 
Residential Rate Schedule, and superseding present Rider No. 2 to Schedule 
R-3, and also the provisions of the Rules and Regulations governing service 
other than power service providing for a charge of $1.00 for reconnecting 
service where the same has been discontinued due to change of location of 
customer within twelve months after date of previous installation of service, 
and the provision applicable to resort cities and towns. Rule 9 of said Rules 
and Regulations. 

It is furthered ordered: That the Carolina Power & Light Company 
is hereby authorized, effective September 15, 1942, to restrict service under 
Schedules P-4 and P-92 to the now existing customers, with contracts 
until such contracts shall expire. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This the 21st day of August 1942. 



Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2734. 



CAROLINA POWER & LIGHT COMPANY'S RATE CLASSIFICATION 
1, HIGH LOAD FACTOR INDUSTRIAL SERVICE SCHEDULE 
P-42. 

Whereas, the Carolina Power & Light Company filed with the Com- 
mission its Rate Classification 1, High Load Factor Industrial Service Sched- 
ule P-42, which became effective on bills rendered on and after December 
15, 1940; and 

Whereas, at the time of the filing of said Schedule, it was understood 
and agreed as indicated in the face of the Schedule that a commodity and 
tax adjustment clause or clauses would be subsequently filed as amendments 
to said Schedule P-42; and 



22 N. C. Utilities Commission 

Whereas, said Company has filed Section A of a commodity adjustment 
clause as an amendment to said Schedule, which said Section A appears to 
the Commission, and the Commission finds the same to be just, fair and 
reasonable and in accordance with the understanding had at the time of 
filing said Schedule: 

Now, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that Carolina 

Power & Light Company's Rate Classification 1, High Load Factor 
Industrial Service Schedule P-42, be and the same is hereby amended by 
adding thereto a new paragraph under the heading, "A Commodity Clause," 
which paragraph shall be as follows: 
"Section A 

The net Energy Charge determined by the net Monthly Rate is 
increased or decreased by 0.005 cents (1/20 of a mill) per KWH for 
each whole 5 cents increase above $5.00 or decrease below $4.00 per 
short ton in the weighted average cost, including transportation costs, 
of Virginia or West Virginia nut and slack coal, on hand and received 
during the next preceding month at the Company's Cape Fear generat- 
ing station. Whenever the heating value per pound of coal as received 
is less than 13,750 B t u the average cost shall be adjusted to the equiv- 
alent of 13,750 B t u per pound." 

This Order shall not in any way affect or limit the right or power of the 
Commission to further investigate, consider and order revisions to or 
changes in the aforesaid Schedule, or with respect to any other schedules 
of said Company; and the Company shall have the right at any time 
hereafter to submit to the Commission for its consideration, any other 
appropriate amendment to said Schedule. 

Dated at Raleigh, North Carolina, this 15th day of April, 1942. 

BY ORDER OF THE COMMISSION. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2099. 

REDUCTION OF THE MINIMUM MONTHLY GUARANTEE UNDER 
THE STANDARD RURAL EXTENSION PLAN R-5 FOR CERTAIN 
MULTIPLE SERVICE CUSTOMERS. 

Supplemental Order 

In this case the Carolina Power & Light Company submits for approval 
a revision of the minimum monthly guarantee applicable to customers 
receiving multiple service under the standard Rural Extension Plan R-5, as 
provided in Section 3 of the Commission's Order No. 2158 of January 11, 
1941. 

As the proposal is in the interest of customers served under rule which 
it is proposed to amend and in the interest of the public, therefore 

It is ordered: That Section 3, of the Commission's Order No. 2158, 
be modified, effective September 15, 1942, to provide that the minimum 
monthly guarantee of $2.00 per month, per customer, as provided in said 
Standard Rural Extension Plan R-5 of the Carolina Power & Light Com- 



Decisions and Adjustments of Complaints 23 

pany shall apply to those customers who are receiving multiple service of 
more than one classification of service through the same meter, unless the 
minimum monthly guarantee provided in the applicable rate schedule is 
greater, in which event the latter shall apply. 
This the 21st day of August, 1942. 

Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 

Attest: R. G. Johnson, Commissioner. 

R. 0. Self, Chief Clerk. 
Docket No. 2158. 

CAROLINA POWER & LIGHT COMPANY. EXTENSION OF DEVEL- 
OPMENTAL DISCOUNT OF RATE SCHEDULE P-33. 

Whereas, Carolina Power & Light Company has on file with the 
Commission a rate schedule, designated as Rate Classification 8, Schedule 
P-33, applicable to power for retail redistribution and resale by non-profit 
electric cooperatives; and 

Whereas, under Commission Order 1604 of May 4, 1939, the Commis- 
sion ordered a 23 per cent discount on bills for electric service under said 
Schedule P-33 during a period not to exceed two years from the date 
service was first rendered, said discount being intended to cover a period 
of development by customers; and 

Whereas, it appears to the Commission that said period of development 
should be extended: 

Now, therefore, it is ordered, adjudged and decreed that the said 
discount of twenty-three per cent from the amount of the bills rendered 
under Schedule P-33 be extended for a period of one year beyond the initial 
contract period as specified in agreements with customers now under con- 
tract or in future agreements with customers making contracts under 
Schedule P-33. 

This order shall not in any way affect or limit the right or power of 
the Commission to further investigate and order revisions, modifications, 
or changes with respect to, the aforesaid schedule, or with respect to any 
other schedules of said Company. 

Done in Raleigh, North Carolina, this 18th day of March, 1941. 

BY ORDER OF THE COMMISSION. 

Stanley Winborne, CoTnmissioner. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2230. 

CAROLINA POWER & LIGHT COMPANY. POWER FOR RETAIL 
REDISTRIBUTION AND RESALE BY NON-PROFIT RURAL ELEC- 
TRIC COOPERATIVES SERVED BY COMPANY. 

Whereas, Carolina Power & Light Company, pursuant to negotiations 
with the Commission, has submitted to the Commission, for its considera- 
tion, and approval, a rate schedule, designated as Rate Classification 8, 
Schedule P-34, which rate schedule is to be applicable to electric service 



24 N. C. Utilities Commission 

rendered to electric membership corporations, mutual electric companies, 
or other such non-profit cooperative associations for redistribution and 
resale; and 

Whereas, such rate schedule is to be available only under new contracts 
having a term of not less than three years: 

Now, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: 

1. That the said Rate Classification 8, Schedule P-34, filed by the 
Carolina Power & Light Company and attached hereto and made a part 
hereof, be and the same is hereby accepted, approved and ordered filed as 
the rate schedule of Carolina Power & Light Company applicable, under 
new contracts having terms of not less than three years, to electric service 
rendered by the Company to electric membership corporations, mutual 
electric companies and other such non-profit cooperative associations for 
redistribution and resale. 

2. The customers served under Schedule P-34 will be non-profit electric 
membership corporations or mutual companies or associations in rural 
areas wholly financed by the Rural Electrification Administration of Wash- 
ington, D. C, and must experience a period of development. It is, there- 
fore, ordered that during a period of not to exceed three years from the 
date service is first rendered under said schedule, there shall be allowed 
by the Company to the Customer a twenty-two per cent discount from 
bills for electric service so that the net monthly billing shall be obtained 
by the application of a multiplier of seventy-eight one-hundredths (78/100) 
of the amount of the bill. 

3. In the event it should be determined at any time by any Court or 
by the North Carolina Utilities Commission that any customer of the 
Company, other than a non-profit rural electric membership corporation, 
mutual company, or association wholly financed by the Rural Electrification 
Administration of Washington, D. C, has been or is being unreasonably 
discriminated against on account of said Rate Classification 8, Schedule 
P-34, and the provisions of this order, then the Commission shall immediately 
fix a schedule of rates to customers hereunder, which shall not be unreason- 
ably discriminatory against other customers and which shall thereafter be 
charged against such non-profit electric membership corporations, mutual 
companies, or associations, for the service rendered to them by the Company. 

4. The Company shall not be required to render service under said 
Schedule P-34 if the customer receiving the service thereunder enters into 
competition with the Company by serving, or contracting to serve, other 
customers served by the Company. 

This order shall not in any way affect or limit the right or power of 
the Commission to further investigate and order revisions, modifications, 
or changes with respect to, the aforesaid schedule, or with respect to any 
other schedules of said Company. 

Done in Raleigh, North Carolina, this 18th day of March, 1941. 

BY ORDER OF THE COMMISSION. 

Stanley Winborne, Cominissioner. 

Attest : 

R. 0. Self, Chief Clerk. 

Docket No. 2231. 



Decisions and Adjustments of Complaints 25 

CAROLINA POWER & LIGHT COMPANY 

RATE CLASSIFICATION 8 

SCHEDULE P-34 

POWER FOR RETAIL REDISTRIBUTION AND RESALE BY NON- 
PROFIT RURAL ELECTRIC COOPERATIVES. 

Availability 

For service to any Non-profit Rural Electric Cooperative, wholly financed 
by the Rural Electrification Administration, contracting for all electric 
power and energy required, but not less than 5 KW, for Redistribution 
and Resale to its members as ultimate consumers who are not served 
from the existing facilities of the Company. 

Service will be supplied from Company's most available primary distri- 
bution circuit and at the voltage and frequency thereof and shall be meas- 
ured at such primary voltage. 

Customer's connections to Company's facilities shall be made in accord- 
ance with specifications which shall not be less than the specifications or 
requirements of the National Electrical Safety Code of the United States 
Bureau of Standards. All interconnecting facilities shall be maintained 
and operated in accordance with good engineering and operating practices. 
Customer shall provide protection for Company facilities, at the point of 
delivery, such as overload fused cut-outs or other necessary protective 
devices. The coordination at the point of delivery of Customer's and Com- 
pany's fuses or other protective devices shall be agreed upon by the engineers 
of Customer and Company. 

Customer shall bear the cost of all labor (except the labor of Company's 
employees), materials and equipment that may be necessary or required in 
making the connection between its facilities and the Company's facilities, 
including metering equipment in all cases where the estimated KW demand 
is less than 40 KW, except that Customer shall not be required to furnish 
the watt-hour meter or demand meter. 

The Company shall connect its power supply wires to the terminals of 
suitable connections which shall be provided by the Customer and located 
as shall be indicated by the Company and the cost of such connections 
(except the labor of Company's employees) shall be borne by the Customer. 

This schedule is not applicable to standby or breakdown service and all 
service rendered hereunder shall be rendered, accepted, measured and paid 
for in accordance with this schedule and the agreement under which 
service is rendered. 

Liability Insurance 

Customer shall take out and maintain, during the period that service is 
supplied hereunder, adequate insurance covering Workmen's Compensation, 
public liability and property damage. 

Net Monthly Rate 

$1.35 per kilowatt of Demand per month, plus 
1A4 per KWH for the first 70 KWH per KW of Demand 
1.0^' per KWH for the next 90 KWH per KW of Demand 
0.8^' per KWH for all additional KWH. 



26 N. C. Utilities Commission 

Kilowatts of Demand 

The kilowatts of demand to be used for billing purposes shall be the 
average kilowatts supplied during the fifteen-minute interval of maximum 
use during the month; provided, however, the kilowatts of demand for billing 
purposes in any month shall not be less than the highest of the following: 

(1) 70% of the maximum KW of demand so established for billing 
purposes during the preceding 11 months. 

(2) 70% of the quantity of power contracted for under the Agreement 
for Service. 

(3) 5 kilowatts. 

Payment 

Bills for service hereunder are due and payable upon presentation. 
Contract Period 

Effective under new contracts for a contract period of not less than 
3 years. 

Effective on bills rendered on and after March 1, 1941. 

Docket No. 2231. 



CAROLINA POWER & LIGHT COMPANY. CANCELLATION OF 
CERTAIN RATE SCHEDULES. 

Order 

In a conference with officials of the Carolina Power & Light Company 
it is found that no customers are now served on the following schedules of 
the said company and therefore said schedules should be cancelled: 
Schedule C&H-l — Residential Cooking and Heating. 
Schedule C-1 — Advertising Lighting — Meter Rate. 
Schedule C-2 — Advertising Lighting — Flat Rate. 
Schedule WL — Advertising Window Lighting — Flat Rate. 
Schedule WWL — Advertising Window Lighting — Flat Rate. 
Schedule SL — Advertising Sign and Decorative Lighting — Flat Rate. 
Schedule WSL — Advertising Sign and Decorative Lighting — Flat Rate. 
Schedule P-7— Textile Mills. 

Schedule P-36 — Small Miscellaneous Power — Temporary or Seasonal. 
Schedule WP-36 — Small Miscellaneous Power — Temporary or Seasonal. 
Schedule WL-5 — Whiteway Lighting Pedestal Type System (Contract not 

less than 1 year). 
Schedule WL-39 — Whiteway Lighting Bracket Type System (Contract not 

less than 1 year). 
Schedule WL-40 — Whiteway Lighting Bracket Type System (Contract not 

less than 3 years). 
Schedule GS-1 — General Street Lighting Service. 

As the one-time usefulness of the said schedules has expired, therefor 
It is ordered: That the schedules of the Carolina Power & Light Com- 
pany named above are hereby cancelled, effective as of date of this order. 

This the 10th day of June, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Co^nmissioner 

Attest: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk, 

Docket No. 2672. 



Decisions and Adjustments of Complaints 27 

APPLICATION OF DILLSBORO & SYLVA ELECTRIC LIGHT COM- 
PANY TO REMODEL ITS ELECTRIC RATE SCHEDULES. 

Order 

This cause comes before the Commission on the application of the Dills- 
boro & Sylva Electric Light Company for the remodeling of its light 
and power rates. 

It is represented by the Company that since the destruction of the dam 
of its hydro plant that it has been buying its electric energy from the 
Nantahala Power & Light Company and that it expects to continue to do so. 

It is also represented that the territory of the Company is adjacent to 
and mingles with the area served by the Nantahala Power & Light Com- 
pany and that this being so that the rates of the two Companies should 
harmonize as much as possible. 

To bring about what the Company considers a proper and reasonable 
adjustment it submitted the following schedules which were offered to 
become effective October 1, 1941, and to supersede all existing schedules of 
the Company: 

SCHEDULE A — Residential Service 
Available — Dillsboro and Sylva. 
Applicable — To all residential customers for lighting, refrigeration and 

general use. Hotels and Boarding Houses not included. 
Rate— $1.50 for first 20 KWH or less. 

4^ per KWH for next 30 KWH. 

3^ per KWH for all over 50 KWH. 
Minimum — $1.50. 

Delayed payment — 5% added if not paid by the 20th of month. 



SCHEDULE B — Residential Service (large use) 
Available — Dillsboro and Sylva. 
Applicable — To all residential customers for lighting, refrigeration, cooking 

and water heating where customer has a heating appliance other than 

socket connected and less than 2 KW capacity. Hotels and Boarding 

Houses not included. 
Rate— $2.50 for first 70 KWH or less. 

3^ per KWH for next 130 KWH. 

2^ per KWH for all in excess. 
Minimum — $2.50. 

Delayed payment — 5% added if not paid by the 20th of month. 



SCHEDULE C — Controlled Water Heating 

Available — Dillsboro and Sylva. 

Applicable — To all residential customers for automatic water heating only 
when it is controlled by a time switch, installed by customer. Current 
will be available not less than 16 hours in each day (24 hours). 

Rate— 11/2^ for all KWH. 

Minimum — $1.50 per month. 

Delayed payment — b% added if not paid by the 20th of month. 



28 N. C. Utilities Commission 

SCHEDULE D— Commercial Service 
Available — Dillsboro and Sylva. 
Applicable — To all Commercial Customers not classed as residential for 

lighting, refrigeration, heating and motor power not exceeding 3 HP. 
Rate — Demand Charge. 

$1.50 for first KW demand or fraction thereof which includes 20 KWH. 

$1.00 per KW demand for all over 1 KW demand which includes 20 

KWH per KW demand. 
Energy Charge — 3^ for next 800 KWH in excess of KWH included in 

demand charge. 

24 for next 2000 KWH. 

l^^^ for all in excess. 
Minimum — The demand charge. The billing demand shall be the average 

demand for the month. 



j 



SCHEDULE F — Commercial Power Service 
Available — Dillsboro and Sylva. 
Applicable — To all commercial customers for motor power not exceeding 

20 HP. 
Rate— 3^ for first 300 KWH. 

2^ for next 1000 KWH. 

1.5^ for all in excess. 
Minimum— $1.00 per total rated HP. 

Delayed payment — 5% added if not paid by 20th of month. 

(This rate does not include lighting.) 



SCHEDULE F— Large Poviter Service 
Available — Dillsboro and Sylva. 

Applicable — To all Commercial Customers for large power use. 
Rate— $25.00 for first 15 KW demand or less which includes 500 KWH. 

$1.50 per KW demand next 35 KW demand which includes 40 KWH 

per KW demand. 

$1.00 per KW demand for all over 50 KW demand which includes 50 

KWH per KW demand. 
Energy Charge — 1.5^ for all KWH in excess of those included in the demand 

charge. 
Minimum — The demand charge of not less than $25.00. The highest 15 

minutes measured demand during the month. 

Delayed payment — 5% added if not paid by the 20th of month. 



SCHEDULE H — Athletic Field Lighting 
Available — Sylva. 

Applicable — To School Athletic Clubs, etc., for field lighting only. 
Rate — $1.00 per KW demand. 
Energy Charge— 3^ per KWH for all KWH. 
Minimum — The demand charge but not less than $100.00 per season. 

Delayed payment — 5% added if not paid by 20th of month. 

Determination of demand — The highest 15 minutes measured demand 

during the month or estimated demand. The estimated demand will be 

the sum of all lighting taken at the rated KW. 



Decisions and Adjustments of Complaints 29 

Wesley Queen appeared for the Company. 
There was no opposition. 

It appearing to the Commission that the representations of the applicant 
are well taken and that the rate schedules submitted are just and reason- 
able, it is therefore 

Ordered, That the Dillsboro & Sylva Electric Light Company is hereby 
authorized and directed to put in effect the rate schedules set forth above, 
effective October 1, 1941, and which rate schedules shall supersede all 
present existing rate schedules of the Company. 
This the 12th day of September, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
^ Harry Tucker, Commissioner. 

By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2358. 

DURHAM PUBLIC SERVICE COMPANY, FOR AN ORDER AND 
CERTIFICATE AUTHORIZING IT TO ISSUE UNSECURED 21/2% 
PROMISSORY NOTE IN THE PRINCIPAL SUM OF $400,000, AND 
TO USE THE PROCEEDS THEREOF TO PAY OFF $400,000 PRIN- 
CIPAL AMOUNT OF FUNDED DEBT OF THE COMPANY WHICH 
MATURES MARCH 1, 1941. 

Opinion and Order 

This day, upon the verified allegations in the Application in the above 
styled matter, sworn statements and the record at large, and upon hearing, 
this matter came on for consideration upon the application of Durham 
Public Service Company, a North Carolina corporation, for an order and 
certificate authorizing the petitioner to issue its unsecured 2^/2% Promissory 
Note in the principal sum of $400,000, to be dated the date of delivery 
thereof, to mature September 1, 1943, and to be in other respects of the 
character described in the Application filed in this proceeding, and the 
proceeds of said Note to be used to pay off and retire $400,000 principal 
amount of said Company's First Mortgage Bonds which will mature on 
March 1, 1941. 

The Honorable Utilities Commissioner and The Utilities Commission of 
North Carolina being advised in the premises, and for the purpose of 
consenting to, authorizing and granting the request prayed for by the 
petitioner in the prayer of the petition, hereby orders, finds, adjudges 
and decrees as follows: 

1. That petitioner, Durham Public Service Company, is entitled to the 
relief prayed for in the petition; 

2. That petitioner, Durham Public Service Company, be and it hereby 
is authorized to borrow the sum of $400,000, and to issue its unsecured 
Promissory Note in a like principal amount, to be dated the date of 
(delivery thereof, to mature September 1, 1943, to bear interest at the 
rate of 2i/^% per annum, and to be otherwise substantially in the form of 
said Note filed as Exhibit A to petitioner's application; and 



30 N. C. Utilities Commission 

3. The proceeds of said Promissory Note shall be used to pay off and 
retire $400,000 principal amount of the Company's First Mortgage Bonds 
which will mature on March 1, 1941. 

This, the 6th day of February, 1941. 

Stanley Winborne, CoTmnissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2185. 



IN THE MATTER OF THE REVISION OF THE ROUTES AND 
SCHEDULES OF THE TRANSPORTATION SYSTEM OF DUKE 
POWER COMPANY IN THE CITY OF CHARLOTTE AND VICINITY. 

Order 

This matter comes before the Commission upon the application of 
Duke Power Company for authority to revise the routes and schedules 
of its transportation system in the City of Charlotte and vicinity; the 
details of the revisions being fully set forth in Exhibit "A" hereto 
attached and made a part of this order. 

It appears that the revisions have been duly approved by the City 
Council of the City of Charlotte and that they are intended to meet the 
change in local transportation conditions and the demand for increased 
transportation facilities brought about by the war and by the rationing 
orders restricting the use of private automobiles. 

It further appears that the proposed revision of routes and schedules 
will substantially improve and extend the Company's transportation service 
in the City of Charlotte and vicinity, that no change in fares or transfer 
privileges is proposed, and that it is in the interest of the travelling public 
of said City and vicinity that said revised routes and schedules, as approved 
by the City Council of the City of Charlotte, be put into effect as promptly 
as possible. 

It is, therefore, ordered that said revised routes and schedules, as 
set forth in Exhibit "A" hereto attached and made a part of this order, 
be, and the same hereby are, approved, and that Duke Power Company 
be, and it is hereby authorized and empowered to put said revised routes 
and schedules into effect as promptly as possible, and thereafter to operate 
its bus transportation system in the City of Charlotte upon and in accord- 
ance with said routes and schedules. 



This 19th day of August, 1942. 



By Order of the Commission 

R. 0. Self, Chief Clerk. 
Docket No. 2710. 



Stanley Winborne, Chairman 
Fred C. Hunter, Connmissioner 
R. G. Johnson, Commissioner. 



Decisions and Adjustments of Complaints 31 

APPLICATION OF EAST TENNESSEE LIGHT & POWER COMPANY 
FOR AN ORDER AND CERTIFICATE AUTHORIZING THE ISSU- 
ANCE OF $5,000,000 PRINCIPAL AMOUNT OF FIRST MORTGAGE 
BONDS TO BEAR INTEREST AT THE RATE OF 31/2% PER 
ANNUM, TO BE DATED ON OR ABOUT DECEMBER 30, 1940, 
TO MATURE JANUARY 1, 1966, AND TO BE SECURED BY A 
MORTGAGE AND DEED OF TRUST, BEARING EVEN DATE WITH 
SUCH BONDS, TO BE EXECUTED BY EAST TENNESSEE 
LIGHT & POWER COMPANY; AUTHORIZING THE ISSUANCE OF 
$1,000,000 PRINCIPAL AMOUNT OF DEBENTURES TO BEAR 
INTEREST AT THE RATE OF 31/2% PER ANNUM, TO BE DATED 
ON OR ABOUT DECEMBER 30, 1940, TO BE RETIRED AT THE 
RATE OF $65,000 PER ANNUM FOR THE FIRST FOURTEEN 
YEARS OF LIFE, WITH THE BALANCE OF $90,000 TO BE PAY- 
ABLE FIFTEEN YEARS FROM THE DATE THEREOF, AND TO 
BE ISSUED PURSUANT TO AN INDENTURE, BEARING EVEN 
DATE WITH SUCH DEBENTURES, TO BE EXECUTED BY EAST 
TENNESSEE LIGHT & POWER COMPANY; AND TO USE THE 
PROCEEDS OF THE ISSUANCE OF SAID BONDS AND DEBEN- 
TURES TO PAY OFF ALL OF THE PRESENTLY EXISTING 
FUNDED DEBT OF THE COMPANY WHICH AGGREGATED AT 
OCTOBER 31, 1940, $5,935,500 PRINCIPAL AMOUNT. 

Docket No. 2137 Raleigh, N. C. 
December 6, 1940 

Opinion and Order 

This day, upon the verified allegations in the application in the above 
styled matter, sworn statements and the record at large, and upon hearing, 
this matter came on for consideration upon the application of East Ten- 
nessee Light & Power Company, a Virginia corporation, domesticated under 
the laws of Tennessee and North Carolina, for an order and certificate 
authorizing the petitioner East Tennessee Light & Power Company to 
issue $5,000,000 principal amount of First Mortgage Bonds to bear interest 
at the rate of 31/^% per annum, to be dated on or about December 30, 
1940, to mature January 1, 1966, to be secured by a First Mortgage bear- 
ing even date with said bonds to be executed by East Tennessee Light & 
Power Company, which mortgage shall cover substantially all of the 
properties now owned or hereafter acquired by said Company, and said 
bonds in other respects to be of the character described in the application 
filed in this proceeding; and for an order and certificate authorizing East 
Tennessee Light & Power Company to issue $1,000,000 principal amount 
of its Debentures to bear interest at the rate of 3%% per annum, to be 
dated on or about December 30, 1940, to be retired at the rate of $65,000 
per annum for the first fourteen years of life with the balance of $90,000 
to be payable fifteen years from the date thereof, and said debentures in 
other respects to be of the character described in the application filed in this 
proceeding; and the proceeds of the issue and sale of said bonds and deben- 
tures to be used to redeem and retire all of the presently existing funded 
debt of the Company, which aggregated at October 31, 1940, $5,935,500 
principal amount. 



32 N. C. Utilities Commission 

The Honorable Utilities Commissioner and Public Utilities Commission 
being advised in the premises, and for the purpose of consenting to, author- 
izing and granting the request prayed for by the petitioner in the prayer 
of the petition, and set forth in the caption thereof, hereby orders, finds, 

ADJUDGES AND DECREES as f ollowS : 

(1) That petitioner, East Tennessee Light & Power Company, is entitled 
to the relief prayed for in the petition; 

(2) That petitioner. East Tennessee Light & Power Company, be, and it 
hereby is, authorized to issue and sell, at a price not less than the prin- 
cipal amount thereof plus accrued interest to the date of sale, $5,000,000 
principal amount of First Mortgage Bonds to be dated on or about Decem- 
ber 30, 1940, to bear interest at the rate of 3i/^% per annum and to mature 
January 1, 1966; 

(3) That petitioner. East Tennessee Light & Power Company be, and it 
hereby is, authorized to issue and sell, at a price not less than the principal 
amount thereof plus accrued interest to the date of sale, $1,000,000 prin- 
cipal amount of Debentures, to be dated on or about December 30, 1940, to 
bear interest at the rate of 3%% per annum and to be retired at the rate 
of $65,000 per annum for the first fourteen years of life with the balance 
of $90,000 to be payable fifteen years from the date thereof; and 

(4) The proceeds of said Bonds and Debentures are to be used, to the 
extent required, to redeem and retire all of the presently existing funded 
debt of the Company, which aggregated at October 31, 1940, $5,935,500 
principal amount. 

Since probably not more than Two Hundred Thousand ($200,000) Dollars 
of the total invested capital involved in this proceeding and a very small 
percentage of the issue of bonds involved in this proceeding is subject to 
the jurisdiction of this Commission, the findings of fact in this Order are 
presumed to be correct and are based upon the stipulations contained in the 
application and exhibits without verification by this Commission and shall 
become effective concurrently and in such proportion of said amounts and 
to such extent as the same has been or may be approved and promulgated 
by the Railroad and Public Utilities Commission of the State of Tennessee. 

This the 6th day of December, 1940. 

Stanley Winborne, Connwiissioner. 
By Order of the Commissioner: 
R. O. Self, Chief Clerk, 
Docket No. 2137. 

NORTH CAROLINA UTILITIES COMMISSION 

I, R. O. Self, Chief Clerk of the North Carolina Utilities Commission, 
do hereby certify the foregoing and attached 4 sheets to be a true copy 
from the records of this office. 

In witness whereof I have hereunto set my hand and affixed the official 
seal of the Commission. 

Done in office at Raleigh, this Sixth day of December, in the year of our 
Lord, 1940. 

R. O. Self, Chief Clerk. 
(Seal) 



Decisions and Adjustments of Complaints 33 

APPLICATION OF EAST TENNESSEE LIGHT & POWER COMPANY 
FOR AN ORDER AND CERTIFICATE AMENDING THE ORDER 
HERETOFORE GRANTED WITH RESPECT TO THE ISSUANCE OF 
$5,000,000 PRINCIPAL AMOUNT OF BONDS' AND $1,000,000 PRIN- 
CIPAL AMOUNT OF DEBENTURES; AND IN ADDITION AUTHOR- 
IZING THE ISSUANCE OF 22,140 SHARES OF COMMON STOCK TO 
BE USED TO EFFECT THE RETIREMENT OF CERTAIN OF THE 
OUTSTANDING FUNDED OBLIGATIONS OF THE COMPANY. 

Amended Opinion and Order 

This day, upon the verified allegations in the amended petition in the 
above styled matter, sworn statements and the record at large, and upon 
hearing, this matter came on for consideration upon the application of East 
Tennessee Light & Power Company, a Virginia corporation domesticated 
under the laws of Tennessee, for an order and certificate amending the 
order and certificate of this Commission dated December 6, 1940, with 
respect to the issuance of $5,000,000 principal amount of petitioner's First 
Mortgage Bonds and $1,000,000 principal amount of petitioner's unsecured 
Sinking Fund Debentures, and in addition thereto for an order authorizing 
the petitioner to issue and sell 22,140 shares of its common stock. 

The Commission being advised in the premises and for the purpose of 
consenting to, authorizing and granting the request prayed for by the 
petitioner, hereby orders, finds, adjudges and decrees as follows: 

1. That petitioner. East Tennessee Light & Power Company, is entitled 
to the relief prayed for in the amended petition. 

2. That the authority heretofore granted to the petitioner by order of 
this Commission dated December 6, 1940, to issue and sell $5,000,000 
principal amount of its First Mortgage Bonds and $1,000,000 principal 
amount of its SV2% Sinking Fund Debentures upon the terms and condi- 
tions set out in the Original Petition, be and the same hereby is modified 
and amended in the following respects: 

(a) That petitioner. East Tennessee Light & Power Company, be and it 
hereby is authorized to issue and sell, at a price not less than 102i/^% 
of the principal amount thereof plus accrued interest to the date of 
sale, $4,800,000 principal amount of First Mortgage Bonds, to be 
dated on or about December 30, 1940, to mature January 1, 1966, 
and substantially upon the terms and conditions- set out in the peti- 
tion dated December 5, 1940; 

(b) That the authority heretofore granted to the petitioner, East Tennes- 
see Light & Power Company, to issue and sell $1,000,000 principal 
amount of its 3^/2% Sinking Fund Debentures to be dated on or 
about December 30, 1940, be and the same hereby is in all respects 
rescinded; 

(c) That petitioner. East Tennessee Light & Power Company, be and it 
hereby is authorized to issue and sell 22,140 shares of its common 
stock of a stated value of $1,107,000; 



34 N. C. Utilities Commission 

(d) That the proceeds of said Bonds, together with the issue of 22,140 
shares of common stock of the Company of a stated value of $1,107,000, 
shall be used to redeem and retire all the presently existing funded 
debt of or assumed by the petitioner, which aggregated, at Febru- 
ary 28, 1941, $5,909,500 principal amount. 

3. The Commission will retain jurisdiction of this matter and make such 
further orders as may from time to time be deemed necessary and advisable. 

Since probably not more than $200,000 of the total invested capital in- 
volved in this proceeding and a very small percentage of the issue of the 
bonds involved in this proceeding is subject to the jurisdiction of this Com- 
mission, the findings of fact in this order are presumed to be correct and 
are based upon the stipulations contained in the application and exhibits 
without verification by this Commission and shall become effective concur- 
rently and in such proportion of said amounts and to such extent as the 
same has been or may be approved and promulgated by the Railroad and 
Public Utilities Commission of the State of Tennessee. 

This the 1st day of April, 1941. 

Stanley Winborne, Chairman 
Harry Tucker, Commissioner 
Fred C. Hunter, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Docket No. 2187. 

APPLICATION TOWN OF MORGANTON FOR CERTIFICATE OF CON- 
VENIENCE AND NECESSITY TO EXTEND ELECTRIC SERVICE 
OUT INTO BURKE COUNTY BEYOND THE CORPORATE LIMITS OF 
SAID TOWN. 

Order 

This cause arises upon the above named application. 

Morganton is a town incorporated under the laws of the State of North 
Carolina. It owns its own electric distribution system in said Town and 
suburbs and purchases electric current at wholesale from the Duke Power 
Company, and under the contract with the Duke Power Company it serves 
all customers within its limits except those demanding more than 300 horse- 
power. It appears that the Town maintains an adequate administrative and 
operating organization to serve its customers; maintains and rebuilds 
existing lines and builds extensions thereto with its own organization and 
equipment, and is fully prepared to serve satisfactorily such customers. 
It is further in evidence that the public around the Town of Morganton is 
demanding electric service and has been for a period of years, and since 
the Town does not now have the authority to operate outside of its corporate 
limits, it seeks this authority in this application under Chapter 455, Public 
Laws of 1931. 

Notice has been served upon the Duke Power Company and this Com- 
mission is advised by its Vice-President, Mr. E. C. Marshall, who had before 
him a copy of the Commission's petition, that the Duke Power Company 



Decisions and Adjustments of Complaints 35 

enters no objection to the granting of the application except to the word 
"sole" in paragraph 5, for the reason that under the town's contract the 
Duke Power Company has the right to serve users demanding more than 
300 horsepower, and it is doubtful if there would ever be any conflict 
between the services of the Duke Power Company the rights sought in this 
application. If this question should become important, the Commission can 
adjudicate it after proper notice and hearing, at any time, and it is found 
as a fact that the granting of this petition with this limitation is in the 
public interest, therefore, it is 

Ordered, that the petition be granted as filed with the elimination of 
the word "sole" in paragraph 5 of said application, and by this reference 
said application is made a part of this order with the map exhibit attached 
thereto, and it is 

Further ordered, that the Town of Morganton is hereby given authority 
under Chapter 455 of Public Laws of 1931 to serve its lines outside the 
City of Morganton as indicated on the exhibit map attached to the appli- 
cation and to make such other extensions from time to time in the said 
suburbs outside of the said Town as will not conflict with the operation of 
any other similar electric service in territory preempted and being served 
on the date hereof. 

This the 5th day of March, 1941. 

Stanley Winborne, Utilities CoTnmissioner. 
By Order of the Commissioner: 

R. 0. Self, Chief Clerk, 
Docket No. 2190. 

PETITION OF NANTAHALA POWER & LIGHT COMPANY FOR 
AUTHORITY TO PROCURE BY ASSIGNMENT OF LEASE THE 
GENERATING PLANT AND DISTRIBUTION SYSTEM OWNED BY 
THE CITY OF BRYSON CITY, NORTH CAROLINA, NOW BEING 
OPERATED UNDER LEASE BY THE SMOKY MOUNTAIN POWER 
COMPANY. 

Order 

This cause arises upon the application of the Nantahala Power & Light 
Company to procure by assignment of lease now held by the Smoky Moun- 
tain Power Company, the electric-hydro generating plant and distribution 
system of the Town of Bryson City, for a certificate of public convenience 
and necessity under Chapter 455 of the Public Laws of 1931, and under Rule 
8 of the Commission's Rules of Practice, for the acquisition, operation and 
control of a hydro electric plant and distribution system of the Town of 
Bryson City, North Carolina, and Smoky Mountain Power Company, in 
Swain and Jackson Counties, within the territory of and is now being 
operated by the Smoky Mountain Power Company; and for the construction 
of an interconnecting 12,000 volt transmission line from the system of 
Smoky Mountain Power Company at or near Whittier, Swain County, North 
Carolina, to Nantahala Power & Light Company's substation on U. S. 
Highway No. 23, near Webster, North Carolina, at the junction of Savan- 
nah and Little Savannah Creeks, in Jackson County. 



36 N. C. Utilities Commission 

This application was heard by the Commission on July 16, 1941, in the 
office of the Commission in Raleigh, and it appears from the evidence 
presented that the Nantahala Power & Light Company has contracted 
with Smoky Mountain Power Company to procure by assignment its lease 
from the Town of Bryson City, and franchise from the Town of Bryson City 
under which the Smoky Mountain Power Company is operating, and to 
purchase the facilities of the Smoky Mountain Power Company in Swain 
and Jackson Counties, otherwise owned by it, and to take over and operate 
the plant and distribution system on or before August 1, 1941. 

It appears further that it is the purpose of the Nantahala Power & 
Light Company to acquire by purchase from the Town of Bryson City its 
equity in the power plant and distribution system now being operated by 
Smoky Mountain Power Company, as soon as negotiations can conveniently 
be made. 

The purpose of the interconnecting 12,000 volt transmission line is pri- 
marily to extend and improve service of customers in the vicinity of Bryson 
City, but other customers may be served directly from that line, who reside 
outside the territory controlled and served by the Dillsboro-Sylva Electric 
Company, this line, when built, to follow very closely the location of High- 
way U. S. No. 19 from Whittier to the railroad tunnel near Dillsboro; 
thence directly to the substation aforesaid, and 

It is found as a fact that from the evidence presented, the granting of 
this application is in the public interest, therefore, it is 

Ordered that the petition be granted, and that the Nantahala Power & 
Light Company notify this Commission upon the date the properties are 
acquired, and it begins the operation of same, and it is 

Further ordered that the petitioner in this case file schedule of rates 
and rules and regulations governing the application of said service, within 
thirty days of date of this Order. 

This the 16th day of July, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Docket No. 2324. 

PETITION OF NORTHWEST CAROLINA UTILITIES, INCORPORATED, 
FOR AUTHORITY TO ABANDON AND DISCONTINUE ELECTRIC 
SERVICE IN THE COUNTIES OF ALLEGHANY, ASHE, CALDWELL, 
SURRY, WATAUGA AND WILKES AND TO SELL CERTAIN OF ITS 
ELECTRIC GENERATING, TRANSMISSION AND DISTRIBUTION 
PROPERTIES LOCATED IN SAID COUNTIES. 

EX PARTE 
Order 
On the 20th day of May, 1941, came Northwest Carolina Utilities, Incor- 
porated, (hereinafter called the Company) and presented an application 
entitled "Petition," executed and verified on the 20th day of May, 1941, by 



Decisions and Adjustments of Complaints 37 

and on behalf of Northwest Carolina Utilities, Incorporated, by J. W. Perry, 
Vice-President, and two exhibits were filed therewith, marked "A", (being 
a copy of the articles of incorporation of the Company,) and "B", (being a 
copy of an Agreement between Northwest Carolina Utilities, Incorporated, 
and Blue Ridge Electric Membership Corporation, executed and verified by 
and on behalf of the parties thereto on the 9th day of May, 1941, and 
approved by Robert B. Craig for Harry Slattery, Administrator of the 
Rural Electrification Administration, Department of Agriculture, on May 
19, 1941), respectively. 

The Company requested (a) that this Commission, pursuant to the 
authority vested in it by virtue of the laws of this State and particularly 
by the provisions of C. S. 1112 (32); Sec. 32, Chapter 307, P. L. 1933, 
by its appropriate order or orders duly entered, permit, approve, and 
authorize the sale of certain of the electric generating, transmission and 
distribution properties of the Company located in the Counties of Alleghany, 
Ashe, Caldwell, Surry, Watauga, and Wilkes, State of North Carolina, all 
as more fully described in said Petition and particularly in Exhibit "B" 
filed therewith as part thereof, and (b) that this Commission permit, 
approve, and authorize as aforesaid the abandonment and discontinuance of 
all the electric service theretofore rendered by the Company in the counties 
hereinabove mentioned, upon consummation of the sale of its property afore- 
said to Blue Ridge Electric Membership Corporation under and pursuant 
to the conditions of the Agreement between Northwest Carolina Utilities, 
Incorporated, and Blue Ridge Membership Corporation hereinabove referred 
to, and (c) that this Commission grant the Company such other and further 
power and authority as may appear proper in the premises; and it appear- 
ing proper to do so 

, Thereupon, this matter came on for immediate hearing and consideration 
upon the application entitled "Petition" together with the exhibits filed 
therewith marked "A" and "B", respectively, and upon representations by 
counsel 

Upon consideration whereof, it appearing that all requisite information 
and data have been furnished and filed and, from the record herein, that 
the approval of the sale of the properties substantially as applied for, and 
the abandonment and discontinuance of all of the electric service thereto- 
fore rendered by the Company in the counties above mentioned upon con- 
summation of the sale under and pursuant to the above mentioned Agree- 
ment, should be given; the Commission being of the opinion that the said 
purchase and transfer as set out in the Petition, is for the best interest 
of the public and the parties concerned, the Commission finding upon con- 
sideration of all the facts that the said purchaser is fit, able and willing 
to render eft'icient and satisfactory service to the public, 

It is adjudged, ordered and decreed, that permission approval, and 
authority for the sale of the aforementioned properties and for the abandon- 
ment of all electric service heretofore rendered by the Company in the 
Counties of Alleghany, Ashe, Caldwell, Surry, Watauga and Wilkes, upon 
consummation of the sale of certain of the Company's properties located 
in said counties under and pursuant to the terms of the Agreement between 
the Company and Blue Ridge Electric Membership Corporation hereinabove 
mentioned, all as requested by the Petition filed with his Commission by the 



38 N. C. Utilities Commission 

Northwest Carolina Utilities, Incorporated, on the 20th day of May, 1941, 
be and they are hereby, given as follows, to-wit: • 

(1) The sale by Northwest Carolina Utilities, Incorporated, to Blue 
Ridge Electric Membership Corporation pursuant to the terms of an Agree- 
ment between said Northwest Carolina Utilities, Incorporated, and Blue 
Ridge Electric Membership Corporation, executed and verified May 9, 1941, 
and filed with this Commission as Exhibit "B" to the Petition of Northwest 
Carolina Utilities, Incorporated, of certain of the properties of Northwest 
Carolina Utilities, Incorporated, located in the Counties of Alleghany, Ashe, 
Caldwell, Surry, Watauga, and Wilkes, State of North Carolina, all as more 
particularly described in said Agreement, be and hereby it is authorized, 
approved, and permitted, and 

(2) The abandonment and discontinuance by the Northwest Carolina 
Utilities, Incorporated, of all of the electric service heretofore rendered by 
said Company in the Counties of Alleghany, Ashe, Caldwell, Surry, Watauga 
and Wilkes, State of North Carolina, upon consummation of the sale of 
certain of its properties more fully specified in Paragraph numbered (1) 
hereof under and pursuant to the terms of the Agreement, likewise more 
fully specified in Paragraph numbered (1) hereof, be and the same hereby 
is permitted, approved, and authorized. 

Be it further ordered, that Northwest Carolina Utilities, Incorporated, 
shall duly notify this Commission of the date of the consummation of the 
sale, which said date shall be the effective date of this order. 

Done in the City of Raleigh this 20th day of May, 1941. 

By order of the North Carolina Utilities Commission. 

Fred C. Hunter, for the Coryimission. 
Docket No. 2286. 

NORTHWEST CAROLINA UTILITIES, INC., APPLICATION OF SUR- 
CHARGE ON RATE SCHEDULES FOR A LIMITED PERIOD. 

Order 

This case comes before the Commission on the petition of the North- 
west Carolina Utilities, Inc., to increase its Rate Schedule No. 2 (Residential) 
by the imposition of a 5 per cent surcharge on sales until January 1, 1943, 
and the imposition of a 15 per cent surcharge on Schedule No. 4 (Whole- 
sale or Large Power); and Schedule No. 5 (Mining), for the same period 
of time. 

The petitioner was represented by Clarence W. Miles, Attorney and 
J. W. Perry, Vice-President of the Company. 

The Feldspar Milling Company, a customer of the petitioner, was 

represented by Erskine Smith, Attorney. 

The Petitioner, through its witness, J. W. Perry, presented, in evidence, 

statements showing the operating revenue and expenses of the company for 

the calendar year 1941, and for the first four months of 1942, which in both 

cases show that the company was operated at a deficit. 

In the course of his testimony, Mr. Perry stated that residential cus- 
tomers who had registered protest when the surcharges were first proposed 
were now willing to accept the increase. 



Decisions and Adjustments of Complaints 39 

The application of a 5 per cent surcharge to the residential schedule of 
the company, in the opinion of the Commission, will not produce an unreason- 
able rate. 

Schedules Nos. 4 and 5, however, present a different picture. To add a 15 
per cent surcharge to exisiting Schedule No. 5, upon which the Feldspar Mill- 
ing Company is served would result on the basis of last year's purchases 
in an average rate of 1.89^ per kwhr, which, in the opinion of the Com- 
mission, would be an unreasonable rate when volume of consumption is 
taken into consideration; therefore, the Commission feels that it can not 
meet the request of the petitioner, in this respect in full. 

The fact that a utility is in the red or that it is not earning a fair return 
on its investment is not the only element to be considered when a higher 
rate is applied for owing to a pressing need for greater revenue, for the 
reason that the Commission cannot prescribe other than a just and reason- 
able rate, although a higher rate than a reasonable rate would be required 
to produce a fair return; then, too, a fair return might require a rate which 
would be apparently reasonable when measured by utility and other busi- 
ness standards and yet if this rate should be greater than a customer could 
use with profit in his business and cause him to terminate service the 
increased rate if granted would defeat instead of win an increase in 
revenue. And so it is a utility and the Commission should use great circum- 
spection in cases of this kind. 

It is quite patent to the Commission that the petitioner, the Northwest 
Carolina Utilities, Inc., needs a greater spread of revenue over expenses; 
however, this unfortunate fact cannot be used successfully as grounds for 
the imposition of rates which are unreasonable with the hope of plugging 
a yawning deficit. However, the Commission feels that the company is 
entitled to some relief and that the schedules of the company are sus- 
ceptible to some increases without doing violence to the interest of the 
customers of the petitioner. The Commission believes that a fair and reason- 
able thing would be to permit the petitioner to apply a 5 per cent surcharge 
on Schedule No. 2 and a 10 per cent surcharge on Schedules Nos. 4 and 5. 

In view of the above, therefore, 

It is ordered: that effective on billings for current which may be sold 
in July, 1942, and thereafter for the rest of the year the Northwest Carolina 
Utilities, Inc., is hereby authorized to apply a surcharge of 5 per cent to 
service supplied on Schedule No. 2 and a 10 per cent surcharge on service 
supplied on Schedules Nos. 4 and 5. 



This the 8th day of June, 1942. 



Attest: 

R. 0. Self, Chief Clerk. 
Docket No. 2535. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



40 N. C. Utilities Commission 

APPLICATION OF THE TIDE WATER POWER COMPANY TO THE 
NORTH CAROLINA UTILITIES COMMISSION FOR APPROVAL OF 
WRITTEN AGREEMENT WITH ATLANTIC UTILITY SERVICE 
CORPORATION. 

Order 

This matter comes before the North Carolina Utilities Commission upon 
the application of the Tide Water Power Company for approval of and 
authority to enter into an agreement with the Atlantic Utility Service Cor- 
poration, and for authority to execute and deliver said written agreement 
by the Tide Water Power Company to the Atlantic Utility Service Cor- 
poration. 

Due to the fact that the Tide Water Power Company is now operating 
under service contracts, heretofore approved by this Commission, with 
Utilities Purchasing & Supply Corporation, E. N. Gilbert Engineering Cor- 
poration, and the Utility Management Corporation, and that it is repre- 
sented that the Atlantic Utility Service Corporation has been incorporated 
under the laws of the State of Delaware, and desires to make uniform agree- 
ments with the operating companies in the Associated Gas & Electric 
Group, said agreement to supersede any and all agreements or arrange- 
ments for the performance of services heretofore entered into by the Tide 
Water Power Company, which includes said agreements between the Tide 
Water Power Company and Utilities Purchasing & Supply Corporation, 
E. N. Gilbert Engineering Corporation, and the Utility Management Cor- 
poration. 

And it further appearing from representations made by the applicant 
that the Atlantic Utility Service Corporation is now performing the func- 
tions of a mutual service company as defined by the general rules and regu- 
lations of the Securities and Exchanges Commission under the Public 
Utility Holding Company Act of 1935, and has filed, according to law, 
application for approval. 

And it further appearing to the Commission from representations made 
by the applicant that the Atlantic Utility Service Corporation is a mutual 
company, and that all services rendered operating companies by it shall be 
solely upon request of the operating companies, and shall be paid for upon 
a cost basis, the method of calculating the cost being set forth in the 
agreement attached to the said petition filed in this matter. 

And it further appearing to the Commission, from representations made 
by the applicant that the Atlantic Utility Service Corporation has an 
experienced staff of experts and is equipped to render services in public 
utility accounting, corporate procedure, corporate simplifications and inte- 
gration, finance, operations, engineering, construction, purchasing, and mat- 
ters relating thereto. 

And the Commission being fully aware of the extensive enlargement of 
the facilities of the Tide Water Power Company since January 1, 1941, 
and it appearing to the Commission from representations made by the 
applicant that the written agreement between the Tide Water Power Com- 
pany and the Atlantic Utility Service Corporation may be made effective 
as of January 1, 1941, and that payments for services rendered since that 



Decisions and Adjustments of Complaints 41 

date may, upon approval of said written agreement, be made upon the 
cost basis provided therein rather than upon the fee basis provided in the 
written agreements heretofore approved by this Commission between the 
Tide Water Power Company and Utilities Purchasing & Supply Corporation, 
E. N. Gilbert Engineering Corporation, and Utility Management Cor- 
poration, and that substantial savings may thereby be realized by the Tide 
Water Power Company. 

And due to the fact that this Commission has examined the said pro- 
posed agreement and finds that there are indirect as well as direct charges, 
collective as well as individual charges which make the total cost of service 
under said contract incapable of determination at this time, the Commis- 
sion feels that it must have a tabulation of all charges of said service for 
a certain period before it would be possible for it to give an unqualified 
approval or disapproval of said agreement; however, upon the representa- 
tions of the said Tide Water Power Company, set forth in above para- 
graphs, the Commission is of the opinion that the said agreement is in all 
respects compatible with public interest, appropriate for and consistent with 
the proper performance of the Tide Water Power Company of its services 
to the public, and that the same will not impair its ability to perform that 
service and will not unreasonably deplete or reduce the earnings or assets 
of the Tide Water Power Company but on the contrary would be to the 
best interest of the Tide Water Power Company, it is therefore 

Ordered that the contract between the Tide Water Power Company and 
the Atlantic Utility Service Corporation, a copy of which has been filed by 
the applicant with the petition in this matter, be and the same is hereby 
approved, to be effective as of January 1, 1941, and the Tide Water Power 
Company is hereby authorized and empowered to execute and deliver the 
same, subject to the following provisions: 

That the approval of this Commission is hereby restricted and the duration 
of said agreement is hereby limited so that at the end of six months 
from January 1, 1941, the Tide Water Power Company shall submit to the 
Commission within a reasonable time a statement of the amounts paid to 
the Atlantic Utility Service Corporation as costs for the services rendered 
during said period, and if, in the opinion of the Commission said charges 
are deemed reasonable, profitable and to the best interests of the Tide 
Water Power Company and the public the said agreement between the 
Atlantic Utility Service Corporation and the Tide Water Power Company 
may be continued to December 31, 1941, upon appropriate order of the 
Commission. 

It is further ordered that this Commission may in its discretion termi- 
nate said agreement between the Atlantic Utility Service Corporation and 
the Tide Water Power Company this day approved and authorized, at any 
time that the Securities and Exchange Commission shall disapprove the 
Atlantic Utility Service Corporation as a service company under the Public 
Utility Holding Company Act of 1935, and at any time that said agreement 
between the Atlantic Utility Service Corporation and the Tide Water Power 
Company shall be modified or abrogated by the Securities and Exchange 
Commission, without the necessity of a hearing being first had in connection 
therewith. 



42 



N. C. Utilities Commission 



It is further ordered that the contracts between the Tide Water Power 
Company and Utilities Purchasing & Supply Corporation, E. N. Gilbert 
Engineering Corporation, and the Utility Management Corporation, be 
terminated and cancelled effective as of January 1, 1941, and that no pay- 
ments be made thereunder for services rendered after January 1, 1941. 

It is further ordered that nothing herein contained shall be construed 
to imply any guarantee or obligation on the part of the State of North 
Carolina in connection with the performance of said agreement or any 
part thereof by the Tide Water Power Company. 

This the 26th day of June, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 
R. O. Self, Chief Clerk. 
Docket No. 2138. 

REMOVING SIX MONTHS' LIMITATION TO CONTRACT BETWEEN 
THE ATLANTIC UTILITY SERVICE CORPORATION AND THE 
TIDE WATER POWER COMPANY. 



Supplemental Order 

Pursuant to that provision of the Commission's order in Docket 2318, 
issued June 26, 1941, in the matter of the Tide Water Power Company's 
application for approval of written agreement with the Atlantic Utility 
Service Corporation, requiring the said Tide Water Power Company, at 
the end of six months from January 1, 1941, to submit to this Commission 
within a reasonable time a statement of the amounts paid to the Atlantic 
Utility Service Corporation as costs for the service rendered during said 
period, and if, in the opinion of the Commission said charges are deemed 
reasonable, profitable and to the best interest of the Tide Water Power 
Company and the public, the said agreement between the Atlantic Utility 
Service Corporation and the Tide Water Power Company may be continued 
to December 31, 1941, duly authorized representatives of the Tide Water 
Power Company, on August 15, 1941, submitted to the Commission state- 
ments showing that the cost of service supplied by the said Atlantic 
Utility Service Corporation for the period January 1, 1941, to June 30, 1941, 
was $16,157.72 and that the new contract effected savings of $27,554.42. 

The new contract, according to statements filed, having inured greatly 
to the benefit of the Tide Water Power Company, the Commission is of the 
opinion that the change was a wise one and that the said contract should 
be continued for the balance of the year. In view of the foregoing it is 
therefore 

Ordered, that the provisional six months' limitation on the said contract 
between the Atlantic Utility Service Corporation and the Tide Water 
Power Company in this Commission's order in Docket 2318, issued June 
26, 1941, is hereby removed, and the said contract is hereby approved, con- 



Decisions and Adjustments of Complaints 



43 



tinued and made fully effective from January 1, 1941 to December 31, 
1941. 

This the 28th day of August, 1941. 

Stanley Winborne, Chaii-man 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2318. 



GRANTING AUTHORITY TO THE TIDE WATER POWER COMPANY 
TO CONTINUE SERVICE CONTRACT WITH THE ATLANTIC 
UTILITY SERVICE CORPORATION. 

Second Supplemental Order 

The Tide Water Power Company filed today with the Utilities Commis- 
sion a statement which shows that the charges paid to the Atlantic Utility 
Service Corporation for the six months ending December 31, 1941, amounted 
to $10,881.57. A statement filed by the said Tide Water Power Company in 
August last, showed that the charges paid to the said Atlantic Utility 
Service Corporation for the first six months of the year, 1941, amounted 
to $16,157.72. These statements show that the total charges for the year, 
1941, were $27,039.29. 

These figures contrasted with the amounts paid to the Utility Manage- 
ment Corporation for the year 1940 shows that the change in service con- 
tract was greatly to the advantage of the Tide Water Power Company — 
in that the new contract cut the charges in half. This was done, too, in the 
face of greatly increased construction, larger purchases, and in much larger 
volume of business. 

In view of the showing made and the belief that the charges being paid 
are not unreasonable under existing conditions, the Commission is of the 
opinion that the Tide Water Power Company should be permitted to continue 
its contract with the Atlantic Utility Service Corporation, therefore, 

It is ordered: that the Tide Water Power Company is hereby authorized 
to continue its service contract with the Atlantic Utility Service Corporation 
until further action by this Commission, provided that the said Tide Water 
Power Company shall furnish this Commission with a statement on each 
December first, showing the amount of charges paid to the said Atlantic 
Utility Service Corporation for the previous ten months of the year 
prior to November first. 

This the 20th day of February, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner. 

Attest: 

R. O. Self, Chief Clerk. 

Docket No. 2318. . 



44 N. C. Utilities Commission 

VIRGINIA ELECTRIC AND POWER COMPANY APPLICATION FOR 
AUTHORITY TO IS'SUE SECURITIES AND TO ACCEPT A CAPITAL 
CONTRIBUTION UNDER CHAPTER 307, ACTS OF 1933. 

Order Giving Approval for Issuance of Securities and 
Acceptance of Capital Contribution 

A. This day came Virginia Electric and Power Company (hereinafter 
sometimes called the "Company") and presented its application, verified 
under date of February 4, 1941, by J. G. Holtzclaw, President, under the 
provision of Chapter 307 of the Acts of 1933 (Section 1112(1) -(36) of the 
North Carolina Code), known as the "Public Utilities Act of 1933," asking 
for authority to issue and sell $3,000,000 aggregate principal amount of the 
Company's First and Refunding Mortgage Bonds, Series C, 3%%, (here- 
inafter sometimes called the "New Bonds"), and to issue and sell and/or 
exchange $3,930,000 aggregate principal amount of notes bearing interest 
at the rate of 2^^%; to accept a capital contribution in the aggregate prin- 
cipal amount of $1,000,000 in cash to be made by Engineers Public Service 
Company (an affiliate of the Company, owning substantially all of its com- 
mon stock); and to apply the proceeds from said New Bonds and Notes and 
said capital contribution to various corporate purposes; and there were 
presented with said application and referred to and identified therein 
exhibits marked A to G, inclusive; and upon the motion of Hunton, Williams, 
Anderson, Gay & Moore, its counsel, through T. Justin Moore and George 
D. Gibson, of counsel: 

B. It is ordered, that said application and exhibits be, and they hereby 
are filed (said application and exhibits having been received by this Com- 
mission on February 5, 1941, and informally considered by the Commis- 
sion prior to the official filing thereof by this order), and that this matter 
be, and it hereby is, docketed and set for immediate hearing by the Com- 
mission, upon said application and exhibits, and upon statements and repre- 
sentations by the Company through its representatives; and 

C. Thereupon, this matter came on this day to be fully heard and 
maturely considered by the Commission upon said application, exhibits, 
statements and representations, and was argued by counsel: 

D. It is, therefore, now found and adjudged that: 

1. The Company is a corporation owning or operating in this State 
equipment or facilities for producing, generating, transmitting, delivering 
or furnishing electricity, and is therefore a public utility within the mean- 
ing of Chapter 307 of the Acts of Assembly of 1933 (Sections 1112(1)-(36J 
inclusive, Michie's Code of North Carolina of 1939), subject to regulation 
by this Commission as to rates, service and security issues; 

2. The issuance and sale and/or substitution or exchange as hereinbelow 

provided of: 

(a) Not exceeding $3,930,000 aggregate principal amount of notes 
bearing interest at the rate of 2^4% per annum, 44 of said notes in the 
aggregate principal amount of $3,430,000 to be dated February 18, 
1941, and 8 of said notes in the aggregate principal amount of $500,000 
to be dated September 1, 1941, all to mature at various dates between 
May 1, 1941 and November 1, 1946, both inclusive, in the manner pro- 
vided in the drafts of agreements by and between the Company and 



Decisions and Adjustments of Complaints 45 

First National Bank of Boston, First and Merchants National Bank 
of Richmond, State-Planters Bank and Trust Company, and The 
Central National Bank of Richmond, filed as Exhibits A, B, C and D, 
respectively, to said application; and 

(b) Not exceeding $3,000,000 aggregate principal amount of bonds 
to be dated in the case of coupon bonds March 1, 1941, to be due 
March 1, 1971, and to be secured by the Company's Indenture of 
Mortgage dated November 1, 1935 to The Chase National Bank of the 
City of New York, Trustee, as supplemented and modified by a First 
Supplemental Indenture dated September 1, 1938, as supplemented by 
a Second Supplemental Indenture dated P^ebruary 9, 1940, and as to be 
supplemented and modified by a Third Supplemental Indenture to be 
dated March 1, 1941 (said Indenture of Mortgage and Supplements 
hereinafter sometimes collectively called the "Indenture")? 

are solely for a lawful object within the corporate purposes of the Company, 
are compatible with the public interest, are necessary and appropriate for 
and consistent with the proper performance by the Company of its service 
to the public and will not impair its ability to perform that service, and 
are reasonably necessary and appropriate for such purposes; 

3. The contribution in the aggregate principal amount of $1,000,000 in 
cash to be made at or before the issuance and delivery of any of the First 
and Refunding Mortgage Bonds, Series C, 3%%, by Engineers Public 
Service Company (an affiliate of the Company, owning substantially all 
of its common stock) to the capital of the Company, all without the issuance 
of any additional stock or any other security, is solely for a lawful object 
within the corporate purposes of the Company, is compatible with the 
public interest, is necessary and appropriate for and consistent with the 
proper performance by the Company of its service to the public and will 
not impair its ability to perform that service, and is reasonably necessary 
and appropriate for such purpose. 

E. It is therefore adjudged, ordered and decreed: That the Com- 
pany be, and it hereby is, authorized, empowered and permitted: 

1. (a) To issue not exceeding $3,930,000 aggregate principal amount 
of notes bearing interest at the rate of 2^/4% per annum, 44 of 
said notes in the aggregate principal amount of $3,430,000 to be 
dated February 18, 1941, and 8 of said notes in the aggregate prin- 
cipal amount of $500,000 to be dated September 1, 1941, and all to 
mature at various dates between May 1, 1941 and November 1, 1946, 
both inclusive, in the manner provided in the drafts of agreements 
with First National Bank of Boston, First and Merchants National 
Bank of Richmond, State-Planters Bank and Trust Company, and 
The Central National Bank of Richmond, filed as Exhibits A, B, C 
and D, respectively, to said application; 

(b) To substitute or exchange the 44 notes in the aggregate prin- 
cipal amount of $3,430,000 to be dated February 18, 1941 for $3,430,000 
aggregate principal amount of notes of the Company now outstand- 
ing, bearing interest at the rate of 3% and held by First National 
Bank of Boston, First and Merchants National Bank of Richmond, 
State-Planters Bank and Trust Company, and The Central National 
Bank of Richmond, each acting severally on behalf of itself alone, 
said exchange to be in the manner provided in the drafts of agree- 



46 N. C. Utilities Commission 

ments with said respective Banks and filed as Exhibits A, B, C and 
D, respectively, to said application, and to be without payment by 
the Company of the redemption premium of 1% provided for in said 
outstanding notes; and 

(c) To sell for their principal or face amount the 8 notes in the 
aggregate principal amount of $500,000 to be dated September 1, 
1941, to First National Bank of Boston, First and Merchants National 
Bank of Richmond, State-Planters Bank and Trust Company, and 
The Central National Bank of Richmond, each acting severally on 
behalf of itself alone, in the manner provided in the drafts of agree- 
ments with said respective Banks filed as Exhibits A, B, C and D, 
respectively, to said application. 

2. (a) To issue under the Company's Indenture $3,000,000 aggregate 
principal amount of bonds to be known as "First and Refunding 
Mortgage Bonds, Series C, 3%%," to be issuable, initially, in tem- 
porary form exchangeable for definitive pieces when available, to 
be coupon bonds registerable as to principal and fully registered 
bonds, the coupon bonds to be dated March 1, 1941 and the regis- 
tered bonds to be dated as of the date of authentication, to mature 
March 1, 1971, to bear interest at the rate of 3%% per annum, pay- 
able semi-annually on March 1 and September 1 of each year and 
to have substantially the other terms and characteristics stated in 
said application; and 

(b) To sell said bonds at 10QV2% of their principal or face amount, 
plus accrued interest from their nominal date of March 1, 1941, in 
the principal amount of $1,000,000 each to John Hancock Mutual 
Life Insurance Company, New England Mutual Life Insurance Com- 
pany and Penn Mutual Life Insurance Company, each acting severally 
in behalf of itself alone and only in respect of its own proposed 
purchase. 

3. To accept the contribution in the aggregate principal amount of 
$1,000,000 in cash to be made at or before the issuance and delivery 
of any of the First and Refunding Mortgage Bonds, Series C, 3%%, 
by Engineers Public Service Company (an affiliate of the Company, 
owning substantially all of its capital stock) to the capital of the 
Company, all without the issuance of any additional stock or any 
other security. 

4. To execute and deliver to The Chase National Bank of the City of 
New York, Trustee, a Third Supplemental Indenture supplementing 
and modifying the Company's Indenture by providing for the issu- 
ance of $3,000,000 aggregate principal amount of First and Refund- 
ing Mortgage Bonds, Series C, 3%%, specifying additional properties 
subject to the lien of the Indenture, modifying said Indenture con- 
sonantly with the Federal Trust Indenture Act of 1939 and further 
supplementing and modifying said Indenture substantially in the 
form filed as Exhibit G to said application. 

5. To perform such acts, enter into such transactions and otherwise 
proceed as may be or become necessary or convenient to consum- 



Decisions and Adjustments of Complaints 47 

mate the proposed transactions within the terms, conditions, limita- 
tations and restrictions hereof. 
6. To apply and dispose of the net proceeds to be received from the 
sale of said New Bonds and Notes, together with the proceeds 
of said capital contribution, in making capital additions and improve- 
ments by increasing the electric generating capacity in the Com- 
pany's Reeves Avenue Power Station at Norfolk, Virginia, and in 
making other substantial capital additions and improvements for 
the improvement of the Company's service. 
F. It is further ordered, that the approval and authority hereby 
given, be, and they hereby are, subject (in addition to all applicable pro- 
visions of Chapter 307 of the Acts of 1933, and all other applicable laws 
of the State of North Carolina and of the United States) to the express 
condition stated in paragraph (1) next below and the provisions (not affect- 
ing the validity of the securities hereby authorized) stated in paragraphs 
(2), (3), (4), (5) and (6) next below, namely, that: 

1. At or before the issuance and delivery of any of the First and 
Refunding Mortgage Bonds, Series C, 3%%, Engineers Public Service 
Company (an affiliate of the Company, owning substantially all of 
its common stock) shall contribute $1,000,000 in cash to the capital 
of the Company, all without the issuance of any additional stock 
or any other security; 

2. No dividend shall be paid from said capital contribution without 
prior approval of this Commission; 

3. No expenses substantially in excess of the respective estimated 
amounts supplied to the Commission by the Company shall be paid 
without prior approval of the Commission; 

4. All of the Company's heretofore issued notes which are to be 
redeemed or otherwise retired as a part of the financing plan pro- 
posed in said application shall, upon consummation of such plan, be 
cancelled, both on the books of the Company and by defacing such 
notes, and none thereof shall be reissued; 

5. Nothing contained in this order shall: 

(a) Authorize the Company to issue any bonds, notes or other 
evidences of indebtedness (other than the notes and bonds hereby 
authorized) that may be payable at periods of two years or more, 
or to issue any other securities of any kind, unless authority there- 
for shall have been first obtained from the Commission according 
to law; 

(b) Relieve the Company and Engineers Public Service Company 
from their duty, if any, to comply with the regulations and require- 
ments of any commission or governmental body. Federal or State, 
having lawful jurisdiction in the premises; 

(c) Relieve the Company from its duty to comply with the pro- 
visions of Section 167 of the Constitution, and Section 3788 of the 
Code of Virginia, relating to the filing with this Commission of a 
statement of any proposed bond issue; 

(d) Obligate the State of North Carolina to pay, or to guarantee 
in any manner, any securities authorized hereby; 

(e) Involve any expression of opinion on the part of this Com- 
mission as to the value of any securities authorized hereby; or 

(f) Adjudge, or express any opinion with respect to, the status 
under the laws of North Carolina as to any foreign corporation that 



48 N. C. Utilities Commission 

may be or become a trustee under said Indenture, or to exempt such 
corporation from proper compliance with the requirements, if any, 
of any present or future law of North Carolina applicable to such 
foreign corporation. 

6. The authority hereof shall be, and it hereby is, made subject to the 
proviso that, in the event the several transactions hereby authorized, 
consisting of the issuance of certain securities, and the entry into 
certain affiliate transactions, be not consummated on or before 
February 2, 1942, the said authority hereby granted shall be auto- 
matically suspended, without necessity of formal order to such effect, 
until further action by the Commission upon the merits as of such 
time unless on or before the said date good cause to the contrary 
be shown. 
G. It is further ordered, that the Company file further documents 
in the record of this proceeding, such documents to become, immediately 
upon such filing, parts of the record herein as supplemental exhibits, as 
follows : 

1. Promptly after the execution of said proposed agreements with 
First National Bank of Boston, First and Merchants National Bank 
of Richmond, State-Planters Bank and Trust Company, and The 
Central National Bank of Richmond, filed herein with said applica- 
tion as Exhibits A, B, C and D, respectively, and said proposed Third 
Supplemental Indenture to the Company's Indenture, filed herein 
with said application as Exhibit G, copies of the executed forms 
thereof; 

2. On or before the 1st day of May, 1941, unless an extension of time 
shall have been obtained by prior order of the Commission herein, a 
report of the Company, duly verified, giving in substantial detail, 
its actions and the transactions had pursuant to this order. 

H. It is further ordered, That this proceeding be, and the same 
hereby is, continued on the docket of the Commission for the purpose of 
filing the supplemental data above required, for the purpose of making a 
verified report, or reports, as herein required, and for any other action that 
may be found necessary or advisable, on or before May 1, 1941. 

I. It is further ordered, that the Clerk of the Commission do 

(1) forward attested copies hereof to 

(a) Virginia Electric and Power Company; 

(b) T. Justin Moore, counsel; 

(c) George D. Gibson, counsel; 

all care and attention of George D. Gibson, Counsel; 

(2) Furnish further attested copies hereof, not to exceed a total of 
fifteen, without charge, upon request of the Company or its counsel; and 

(3) Furnish, within the limitation of the supply prepared, an attested 
copy hereof, upon request, to any person appearing to the Clerk of the 
Commission to have an interest present or potential. 

This February 6th, 1941. 

Stanlejy Winborne, utilities Commissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2186. 



Decisions and Adjustments of Complaints 49 

VIRGINIA ELECTRIC AND POWER COMPANY. 

Supplemental Order 

This matter coming on this day to be heard again upon the Supplemental 
Application of Virginia Electric and Power Company verified February 
18, 1941, it is hereby ordered that said application and the document there- 
with filed marked Exhibit H be and they hereby are filed (the latter as 
Exhibit H); the Commission's order herein dated February 6, 1941 be, 
and it hereby is, modified in such manner as henceforth to refer to the 
draft form of Third Supplemental Indenture filed herein as Exhibit H in 
lieu of references to the draft form of Third Supplemental Indenture filed 
herein as Exhibit G; and said order of February 6, 1941 is in all other 
respects hereby confirmed and continued in effect without change. 

This February 19th, 1941. 

Stanley Winborne, Utilities Commissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2186. 

VIRGINIA ELECTRIC AND POWER COMPANY. 

EX PARTE 

Order 

This cause coming on this day to be heard again upon the papers formerly 
read and upon the Report of the Company dated March 13, 1941, and the 
Commission being fully advised in the premises, upon consideration thereof. 

It is now here ordered and decreed that: 

(1) Said Report and exhibits therein identified be, and they hereby are, 
filed as a part of the record in this proceeding; 

(2) The Company shall deliver to the Chief Clerk of this Commission 
for filing in the record herein a copy of any subsequent report or reports 
that may be filed by it with the State Corporation Commission of Virginia 
in its case No. 7178 relating to the issuance of the bonds and notes herein 
authorized, and upon such delivery any such further report or reports 
shall become a part of the record herein and this proceeding is kept open for 
the purpose of receiving any such further report or reports; and 

(3) This proceeding be, and it hereby is, terminated and closed except 
as provided in paragraph (2) next hereinabove and unless the Commission 
shall hereafter, upon notice and for good cause, by order reopen the pro- 
ceeding for further action upon the basis of any such further report or 
reports. 

Dated March 14th, 1941. 

Stanley Winborne, Utilities Cowimissioner. 

By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2186. 



50 N. C. Utilities Commission 

VIRGINIA ELECTRIC AND POWER COMPANY ON APPLICATION 
FOR AUTHORITY TO PAY A DIVIDEND OF 25^ PER SHARE ON 
ITS COMMON STOCK ON SEPTEMBER 15, 1941. 

Order 

This day came Virginia Electric and Power Company, hereinafter some- 
times called the Company, and presented its application signed under date 
of July 29, 1941, by J. G. Holtzclaw, President, under the provisions of 
Chapter 307 of the Acts of Assembly of 1933 (Section 1112 (l)-(36), 
inclusive, Michie's Code of 1935), asking for authority to pay a dividend 
at the rate of twenty-five cents (25^) per share on the common stock of 
said Company outstanding and on such additional common stock as may 
be issued under the provisions of the Merger Agreement between said 
Company and the City Gas Company of Norfolk, dated June 9, 1930, and 
there were presented with said application and referred to and identified 
therein exhibits *'A" and *'B"; and upon motion of the said Company, 
by Hunton, Williams, Anderson, Gay & Moore, its counsel, through T. 
Justin Moore, of Counsel: 

It is ordered, that said application and exhibits "A" and "B" be, and 
they hereby are, filed, that the matter be and hereby is, docketed and set 
for immediate consideration by the Commission, upon the application, 
exhibits and representations of Counsel, without formal hearing; 

Thereupon, this matter came on this day to be heard and considered, 
upon the said application, exhibits and representations of counsel, and was 
argued by counsel; 

Upon consideration whereof, the Utilities Commission finds that the 
said Company is a corporation owning and lawfully operating in this State 
equipment or facilities for producing, generating, transmitting, delivering 
or furnishing electricity; and it appearing from said application, exhibits 
and representations, and from the investigation and consideration by the 
Commission, that the Company's capital represented by its 2,788,445 shares 
without par value of common stock (including stock outstanding and such 
additional common stock as may be issued in exchange for scrip or as may 
be issued under the provisions of the Merger Agreement between the Com- 
pany and City Gas Company of Norfolk, dated June 9, 1930) as shown by 
its books, amounts to the sum of $17,637,260; that the current net earnings 
of the Company (after setting aside suitable provisions for depreciation, 
as authorized by the Board of Directors, and the amount required for the 
payment of preferred dividends) available for common dividends and surplus 
for the twelve months ending June 30, 1941, amounted to the sum of 
$3,153,932.36; that the current net earnings for the last nine months' period 
beginning October 1, 1940 and ending June 30, 1941 available for common 
dividend and surplus, after provision for depreciation and preferred div- 
idends amounted to $2,397,880.66; that the dividend proposed to be paid 
by the Company at the rate of 25^' per share on the common stock outstand- 
ing and on such additional common stock as may be issued under the 
provisions of the Merger Agreement between the Company and the City 
Gas Company of Norfolk, dated June 9, 1930, consisting in the aggrega^te 
of 2,788,445 shares, will not exceed the sum of $697,111.25, which together 
with the two (2) dividends totalling 35^ per share paid during 1941, is 



Decisions and Adjustments of Complaints 51 

substantially less than the net earnings of the Company available for^ com- 
mon dividends currently earned during the last nine months ending June 
30, 1941; and that the payment of said dividend will in nowise impair 
the Company's necessary working capital or interfere with its ability to 
continue to furnish an adequate and sufficient service to its customers, 
and is in no way inconsistent with the public interest; and the Commis- 
sion being of the opinion that the prayer of said application should be 
granted, and that the payment of said dividend should be approved and 
authorized : 

It is therefore adjudged, ordered and decreed, that Virginia Electric 
and Power Company be, and it hereby is, authorized, empowered and per- 
mitted to pay a dividend of 25^ per share on the Company's common stock 
represented by 2,788,445 shares without par value (including common stock 
outstanding and such additional common stock as may be issued under the 
provisions of the Merger Agreement between the Company and the City 
Gas Company of Norfolk, dated June 9, 1930), payable on or about Septem- 
ber 15, 1941, amounting to a sum not to exceed $697,111.25, provided, how- 
ever, that the payment to be made hereunder shall not exceed the actual 
current net earnings available for such purpose. 

Provided, however, that the Clerk of this Commission shall furnish one 
attested copy of the application herein, and three attested copies of this 
order without charge therefor, upon being furnished with the necessary 
copies by said Company; and 

Provided further, that this proceeding be and the same hereby is 
stricken from the docket of the Commission, no further action in the premises 
being required. 

This the 29th day of July, 1941. 

Stanley Winborne, Chairman 

Utilities Commission 
Fred C. Hunter, Cotnmissioner 
Harry Tucker, Com^niissioner. 

By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2347. 

VIRGINIA ELECTRIC AND POWER COMPANY ON APPLICATION 
FOR AUTHORITY TO PAY A DIVIDEND OF 12^' PER SHARE ON 
ITS COMMON STOCK ON DECEMBER 15, 1941. 

Order 

By the Commission: 

This day came Virginia Electric and Power Company, hereinafter some- 
times called the Company, and presented its application signed under date 
of October 18, 1941, by M. C. Smith, Vice-President, under the provisions 
of Chapter 307 of the Acts of Assembly of 1933 (Section 1112 (l)-(36), 
inclusive, Michie's Code of 1935), asking for authority to pay a dividend 
at the rate of twelve cents (12^*) per share on the common stock of said 
Company outstanding, and there were presented with said .application .and 



) 5 5 3)3 



52 X. C. Utilities Commission 

referred to and identified therein exhibits "A" and "B"; and upon motion 
of the said Company, by Hunton, Williams, Anderson, Gay & Moore, its 
counsel, through T. Justin Moore, of Counsel; 

It is ordered, that said application and exhibits "A" and "B" be, and 
they hereby are, filed, that the matter be and hereby is, docketed and set 
for immediate consideration by the Commission, upon the application, 
exhibits and representations of Counsel, without formal hearing; 

Thereupox, this matter came on this day to be heard and considered, 
upon the said application, exhibits and representations of counsel, and was 
argued by counsel ; 

Upon consideration whereof, the Utilities Commission finds that the 
said Company is a corporation o\\Tiing and lawfully operating in this State 
equipment or facilities for producing, generating, transmitting, delivering 
or furnishing electricity; and it appearing from said application, exhibits 
and representations, and from the investigation and consideration by the 
Commission, that the Company's capital represented by its 2,788,445 shares 
without par value of common stock (including stock outstanding and such 
additional common stock as may be issued in exchange for scrip) as shown 
by its books, amounts to the sum of 817,637,260; that the current net 
earnings of the Company (after setting aside suitable provisions for depre- 
ciation, as authorized by the Board of Directors, and the amount required 
for the payment of preferred dividends) available for common dividends 
and surplus for the twelve months ending September 30, 1941, amounted 
to the sum of 82,935,715.20; that the current net earnings for the last nine 
months' period beginning January 1, 1941 and ending September 30, 1941 
available for common dividends and surplus, after provision for deprecia- 
tion and preferred dividends amounted to $2,229,287.49; that the dividend 
proposed to be paid by the Company at the rate of 12c per share on the 
common stock outstanding, consisting in the aggregate of 2,788,445 shares, 
will not exceed the sum of 8334,613.40, which together with the three (3) 
dividends totalling 60c per share paid during 1941, is substantially less than 
the net earnings of the Company available for common dividends currently 
earned during the last twelve months ending September 30, 1941; and that 
the pajTnent of said dividend will in nowise impair the Company's necessary 
working capital or interfere with its ability to continue to furnish an 
adequate and sufficient seiwice to its customers, and is in no way inconsistent 
with the public interest; and the Commission being of the opinion that 
the prayer of said application should be granted, and that the payment 
of said di\'idGnd should be approved and authorized : 

It is therefore adjudged, ordered and decreed, that Virginia Electric 
and Power Company be, and it hereby is, authorized, empowered and per- 
mitted to pay a dividend of 12':- per share on the Company's common stock 
represented by 2,788,445 shares without par value, payable on or about 
December 15, 1941, amounting to a sum not to exceed 8334,613.40, provided, 
however, that the pajTiient to be made hereunder shall not exceed the actual 
current net earnings available for such purpose. 

PR0\nDED. howetver, that the Clerk of this Commission shall furnish one 
attested copy of the application herein, and three attested copies of this 
order without charge therefor, upon being furnished with the necessary 
copies by said Company; and. 



Decisions and Adjustments of Complaints 53 

Provided further, that this proceeding be and the same hereby is 
stricken from the docket of the Commission, no further action in the premises 
being required. 

This the 23rd day of October, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 
By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2425. 

VIRGINIA ELECTRIC AND POWER COMPANY 

EX PARTE 

Order Authorizing Issuance of Securities and Other Matters 

A. This day came Virginia Electric and Power Company (hereinafter 
sometimes called "the Company") and presented its Application verified 
October 1, 1942 under the provisions of Chapter 307 of the Acts of 1933 
(Sections 1112(1) -(36) of the North Carolina Code) known as the 
"Public Utilities Act of 1933" and related provisions, asking for authority 
to issue and sell 84,000,000 aggregate principal amount of notes bearing 
interest at the rate of 2^4 ^;c per annum, and to apply the proceeds from 
said notes to various corporate purposes; and there were presented with 
said Application and referred to and identified therein certain exhibits 
marked Exhibits Nos. 1 to 6, both inclusive; and upon motion of Hunton, 
Williams, Anderson, Gay & Moore, its counsel, through T. Justin Moore, 
of counsel; 

B. It is ordered that said Application and exhibits be, and they are 
hereby, filed (said Application and exhibits having been received by this 
Commission and informally considered by the Commisson prior to the official 
filing thereof by this order), and that this matter be, and it hereby is, 
docketed and set for immediate hearing by the Commission, upon said 
Application and exhibits, and upon statements and representations by the 
Company through its representatives; and 

C. Thereupon, this matter came on this day to be fully heard and 
maturely considered by the Commission upon said Application, exhibits, 
statements and representations, and was argued by counsel: 

D. It is, therefore, now found and adjudged that: 

1. The Company is a corporation owning or operating in this State 
equipment or facilities for producing, generating, transmitting, delivering 
or furnishing electricity, and is therefore a public utility within the meaning 
of Chapter 307 of the Acts of Assembly of 1933 (Sections 1112(1) -(36) 
inclusive, Michie's Code of North Carolina of 1939), subject to regulation 
by this Commission as to rates, service and security issues; 

2. The issuance and sale of $4,000,000 aggregate principal amount of 
notes bearing interest at the rate of 2^/4 9c per annum, all to be dated 
November 2, 1942 and to mature at various dates between November 1, 
1944 and May 1, 1948, both inclusive, in the amounts and in the manner 
provided in the draft of agreements by and between the Company and The 



54 N. C. Utilities Commission 

First National Bank of Boston, Boston, Massachusetts; First and Merchants 
National Bank of Richmond, Richmond, Virginia; State-Planters Bank 
and Trust Company, Richmond, Virginia; The Central National Bank of 
Richmond, Richmond, Virginia; National Bank of Commerce of Norfolk, 
Norfolk, Virginia; and The Seaboard Citizens Bank of Norfolk, Norfolk, 
Virginia, filed as Exhibits Nos. 1, 2, 3, 4, 5, and 6, respectively to said 
Application, are solely for a lawful object within the corporate purposes 
of the Company, are compatible with the public interest, are necessary and 
appropriate for and consistent with the proper performance by the Com- 
pany of its service to the public and will not impair its ability to perform 
that service, and are reasonably necessary and appropriate for such 
purposes; 

E. It is, therefore, adjudged, ordered and decreed, that the Company 
be, and it hereby is, authorized, empowered and permitted: 

1. (a) To issue $4,000,000 aggregate principal amount of notes bearing 
interest at the rate of 2^/4% per annum, all to be dated November 
2, 1942 and to mature at various dates between November 1, 1944 
and May 1, 1948, both inclusive, in the amounts and in the manner 
provided in the drafts of agreements with said The First National 
Bank of Boston, First and Merchants National Bank of Richmond, 
State-Planters Bank and Trust Company, The Central National Bank 
of Richmond, National Bank of Commerce of Norfolk, and The 
Seaboard Citizens Bank of Norfolk, filed as Exhibits Nos. 1, 2, 3, 
4, 5, and 6, respectively, to said Application; and 

(b) To sell for their principal or face amount the aforesaid notes 
in the aggregate principal amount of $4,000,000 to be dated November 
2, 1942, to said The First National Bank of Boston, First and Mer- 
chants National Bank of Richmond, State-Planters Bank and Trust 
Company, The Central National Bank of Richmond, National Bank 
of Commerce of Norfolk, and The Seaboard Citizens Bank of Norfolk, 
each acting severally on behalf of itself alone in the manner pro- 
vided in the drafts of agreements with said Banks respectively filed 
as Exhibits Nos. 1, 2, 3, 4, 5, and 6, respectively, to said Application; 

2. To perform such acts, enter into such transactions and otherwise 
proceed as may be or become necessary or convenient to consummate 
the proposed transactions within the terms, conditions, limitations 
and restrictions hereof; 

3. To apply and dispose of the net proceeds to be received from the 
sale of said notes in making capital additions and improvements to 
the Company's property by constructing the Company's new 50,000 
KW Chesterfield Power Station on the James River near Chester, 
Virginia, as described in said Application, and in making other 
capital additions and improvements for the improvement of the Com- 
pany's service. 

F. It is further ordered, that the approval and authority hereby 
given, be, and they hereby are, subject (in addition to all applicable pro- 
visions of Chapter 307 of the Acts of 1933, and all other applicable laws 
of the State of North Carolina, and of the United States) to the provisions 
(not affecting the validity of the securities hereby authorized) that: 



Decisions and Adjustments of Complaints 55 

1. No expenses substantially in excess of the estimated amounts sup- 
plied to the Commission by the Company shall be paid without prior 
approval of the Commission; 

2. Nothing contained in this order shall involve any expression of opinion 
on the part of this Commission as to the value of any securities 
authorized hereby. 

G. It is further ordered, that the Company file further documents 
in the record of this proceeding, such documents to become, immediately 
upon such filing, parts of the record herein as supplemental exhibits herein 
as follows: 

1. Promptly after the execution of said proposed agreements with said 
The First National Bank of Boston, First and Merchants National 
Bank of Richmond, State-Planters Bank and Trust Company, The 
Central National Bank of Richmond, National Bank of Commerce 
of Norfolk, and The Seaboard Citizens Bank of Norfolk filed herein 
with said Application as Exhibits Nos. 1, 2, 3, 4, 5, and 6, respectively, 
copies of the executed forms thereof; 

2. On or before February 1, 1943, unless an extension of time shall 
have been obtained by prior order of the Commission herein, a report 
of the Company, duly verified, giving in substantial details its actions 
and the transactions had pursuant to this order. 

H. It is further ordered, that this proceeding be, and the same 
hereby is, continued on the docket of the Commission for the purpose of 
filing the supplemental data above required, for the purpose of making 
a verified report, or reports, as herein required, and for any other action 
that may be found necessary or advisable, on or before February 1, 1943. 
I. It is further ordered, that the Clerk of the Commission do forward 
an attested copy hereof to Virginia Electric and Power Company and T. 
Justin Moore, its counsel, and to furnish attested copies hereof not to 
exceed a total of fifteen (15) upon request of the Company or its counsel. 
This 9th day of October, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Co'mmissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2788. 



VIRGINIA PUBLIC SERVICE COMPANY. ORDER GIVING APPROVAL 
FOR ISSUANCE OF SECURITIES AND FOR ENTRY INTO TRANS- 
ACTIONS WITH AFFILIATES, ETC. 

A. This day came Virginia Public Service Company (hereinafter some- 
times called the Company) and presented its application verified in April, 
1941, under the provisions of Chapter 307 of the Acts of 1933 (Section 1112 
(l)-(36) of the North Carolina Code) known as the "Public Utilities Act 
of 1933" and related provisions, asking for authority to issue and sell 
certain new securities, consummate certain transactions with affiliates and 
related matters; and there were presented with said application and iden- 



56 N. C. Utilities Commission 

tified therein Exhibits A-G, both inclusive; and upon the motion of Hunton, 
Williams, Anderson, Gay & Moore, its counsel, by T. Justin Moore and 
George D. Gibson, of counsel; 

B. It is ordered that said application (hereinafter sometimes called the 
Application) and Exhibits therewith be, and they hereby are, filed, and 
that this matter be, and it hereby is, docketed and set for immediate hear- 
ing by the Commission, upon the Application and Exhibits, and upon the 
statements and representations by the Company through its representatives ; 
and 

C. Thereupon this matter came on this day to be fully heard and 
maturely considered by the Commission upon said Application, Exhibits, 
statements and representations: 

D. It is, therefore, now found and adjudged that: 

1. The Company is a corporation ov^ning or operating in this State 
equipment or facilities for producing, generating, transmitting, delivering 
or furnishing electricity, and is therefore a public utility v^ithin the mean- 
ing of said Chapter 307 and subject to regulation by this Commission as 
to rates, services and security issues; 

2. (a) This issuance and sale as hereinbelow provided of not exceeding 
$28,000,000 aggregate principal amount of bonds (hereinafter sometimes 
called the New Bonds) to be dated, in the case of the coupon bonds, 
April 1, 1941, to be due April 1, 1971, to bear interest at the rate of 3%% 
per annum and to be secured by a Mortgage and Deed of Trust, to be 
dated April 1, 1941, to be made by the Company to The Central National 
Bank of Richmond and Robert A. McPheeters, as Trustees, covering all 
or a principal part of the electric utility properties and franchises of 
the Company and (b) the issuance and sale as hereinbelow provided of not 
exceeding $8,500,000 aggregate principal amount of debentures (hereinafter 
sometimes called the New Debentures) to be dated, in the case of the 
coupon debentures, April 1, 1941, to be due serially in 24 equal semi-annual 
installments of $325,000 each from October 1, 1943 through April 1, 1955, 
both inclusive, and 2 equal installments of $350,000 each on October 1, 
1955 and April 1, 1956, to bear interest according to maturities at rates 
ranging from 2^/^% per annum to S%% per annum and to be issued under 
an Indenture to be dated April 1, 1941 and to be made by the Company 
to a corporate trustee, are solely for a lawful object within the corporate 
purposes of the Company, namely, for the purpose of financing the busi- 
ness of the Company by the construction, completion, extension or improve- 
ment of its facilities, the improvement of its service and the discharge of 
lawful refunding of its obligations, are compatible with public interest, 
are necessary and appropriate for and consistent with the proper perform- 
ance by the Company of its service to the public and will not impair its 
ability to perform that service and are reasonably necessary and appropriate 
for such purposes; and 

3. The acquisition by the Company of assets of subsidiaries as herein- 
below provided, the acquisition and disposition of bonds and stock from 
and to affiliates as hereinbelow provided, and the employment of Atlantic 
Utility Service Corporation (hereinafter sometimes called Atlantic) as 
hereinbelow provided, are reasonable and consistent with the public 
interest. 



Decisions and Adjustments of Complaints 57 

E. It is therefore adjudged, ordered and decreed, That the Com- 
pany be and it hereby is, authorized, empowered and permitted: 

(1) (a) To issue the New Bonds, within the amount and with the terms 
and characteristics hereinabove specified; and (b) to sell all the New Bonds 
at private sale to institutional purchasers for a price, before payment of 
all actual and reasonable expenses incurred by the Company (including 
payments to counsel for the purchasers) in connection with the matters 
referred to herein, of 104.62% of the principal amount thereof and accrued 
interest to the date of delivery: 

(2) To execute and deliver as security for the New Bonds a Mortgage 
and Deed of Trust having the characteristics hereinabove specified and in 
addition (a) substantially the terms and characteristics indicated by the 
draft and accompanying "Preliminary Memorandum of Presently Contem- 
plated Modifications" filed as Exhibits B and C to the Application, or 
(b) substantially such other terms and characteristics as may be author- 
ized by subsequent order herein: 

(3) (a) To execute and deliver the New Debentures, within the amount 
and with the terms and characteristics hereinabove specified, to bear interest 
as follows: 

Date of Maturity Rate of Interest 

October 1, 1943 to April 1, 1944, inclusive 21/2% 

October 1, 1944 to April 1, 1947, inclusive 2%% 

October 1, 1947 to April 1, 1951, inclusive 3% 

October 1, 1951 to April 1, 1952, inclusive 3^/4% 

October 1, 1952 to April 1, 1954, inclusive 31/2% 

October 1, 1954 to April 1, 1956, inclusive 3%% 

and (b) to sell all the New Debentures at private sale to institutional 
purchasers for a price, before payment of all actual and reasonable expenses 
incurred by the Company (including payments to counsel for the pur- 
chasers) in connection with the matters referred to herein, of 100% of 
their principal amount and accrued interest to the date of delivery; 

(4) To execute and deliver in connection with the issuance of the New 
Debentures an Indenture, having (a) substantially the terms and char- 
acteristics indicated by the draft and accompanying "Preliminary Memo- 
randum of Presently Contemplated Modifications" filed as Exhibits D and 
E to the Application, or (b) substantially such other terms and character- 
istics as may be authorized by subsequent order herein; 

(5) To modify the voting rights of the Company's preferred stock as 
hereinbelow required; 

(6) To consummate transactions with affiliates as follows: 

(a) To acquire all the assets of Middle Virginia Power Company, Hamp- 
ton Towing Corporation, The Harpers Ferry Paper Company and 
Virginia Public Service Generating Company by merger or convey- 
ance and dissolution and liquidation of such subsidiaries into the 
Company, in consideration of the Company's assuming their debt 
obligations and surrendering their capital stock for cancellation; 

(b) To acquire from Southeastern Electric and Gas Company (herein- 
after sometimes called Southeastern) at cost to Southeastern $1,200,- 
000 aggregate principal amount of the Company's First Mortgage 
and Refunding Twenty- Year 5% Gold Bonds, Series B, and in con- 



58 N. C. Utilities Commission 

sideration of (i) the transfer by the Company to Southeastern of 
all of the common stock (60,666 shares) of Eastern Shore Public 
Service Company owned by the Company," (ii) $14,000 in cash and 
(iii) the payment in cash of all accrued and unpaid interest to the 
date of delivery on such bonds; 

(c) To sell and transfer to Southeastern said 60,666 shares as and 
for the consideration mentioned in paragraph (b) next hereinabove; 
and 

(d) To pay Atlantic in respect of services supplied and hereafter sup- 
plied by it to the Company pursuant to and in accordance with the 
terms of the service agreement filed as Exhibit F to the Application 
and the memorandum of understanding filed as Exhibit G to the 
Application; and 

(e) To receive the capital contribution required in F(l) hereinbelow, 
to receive the undertaking for a capital contribution required in F(2), 
to receive the proceeds of the latter and to apply the proceeds of 
both to construction or retirement of the New Bonds. 

(7) To amortize the debt discount and expense relating to, and remain- 
ing unamortized at the date of the retirement of, the presently outstanding 
funded debt of, or secured by lien on the properties of, the Company 
(excluding the funded debt of Generating), and the redemption premiums 
on such debt, over the remainder of the respective terms of said debt as 
if it were not retired; 

(8) To perform such acts, enter into such transactions and otherwise 
proceed as may be or become necessary or convenient to consummate the 
proposed transactions within the terms, conditions, limitations and restric- 
tions hereof; 

(9) To apply and dispose of the net proceeds to be received from the 
sale of the New Bonds and the New Debentures, together with the pro- 
ceeds of the initial capital contribution to be made, as hereinbelow pro- 
vided, to the Company by Southeastern to the following purposes : 

(a) The payment and/or redemption of $35,887,000 prin- 
cipal amount of debt outstanding in the hands of the 
public as more fully described in Exhibit A to the Appli- 
cation (excluding $1,200,000 of the Company's First 
Mortgage and Refunding Twenty-Year 5% Gold Bonds, 
Series B, held by Southeastern) at the redemption prices 
in effect as at June 1, 1941, and all as shown on Exhibit 

A to the Application $36,605,035 

(b) The payment of the Company's taxes and all other 
reasonable expenses in connection with the issuance and 
sale of the New Bonds and New Debentures, which taxes 
and expenses the Company presently estimates will not 

exceed . 275,000 

(c) The cash consideration (not including accrued interest 
to the date of delivery on the Bonds to be received) to 
be given in addition to the 60,666 shares of Eastern 
Shore Public Service Company (Deleware) Common 
Stock owned by this Company, to Southeastern for 
$1,200,000 in aggregate principal amount of this Com- 
pany's First Mortgage and Refunding Twenty-Year 5% 

Gold Bonds, Series B 14,000 



Decisions and Adjustments of Complaints 59 

(d) Capital additions and improvements to the Company's 

plant and property 2,399,565 



$39,293,600 



F. It is further ordered that the approval and authority hereby 
given be, and they hereby are, subject to the express conditions that at 
or before the issuance and delivery of the New Bonds and New Deben- 
tures : 

(1) Southeastern (or its successor) shall make a capital contribution 
in cash to the Company of $1,500,000; such funds to be deposited with 
the corporate trustee under said Mortgage and Deed of Trust in pledge 
and to be released to the Company from time to time thereafter only for 
construction or retirement of the New Bonds; 

(2) Southeastern (or its successor) shall deliver to the Company an 
unconditional covenant in irrevocable form to donate to the Company as 
an additional capital contribution, the proceeds received by Southeastern 
(or its successor or successors) over and above obligations for taxes, from 
the first sale or sales of any or all of its properties, of whatever kind or 
nature, or from the sale or sales of any of the properties, or whatever 
kind or nature, of any subsidiaries owned or controlled by it either directly 
or indirectly, until such additional capital contribution shall equal the 
sum of $2,500,000; 

(3) The Articles of Association, as amended, of the Company shall be 
further amended so as to confer upon the holders of the Company's pre- 
ferred stock of the class presently authorized the right to cast five votes 
for each share whenever they would be entitled to cast one vote for each 
share under the present provisions of the Articles of Association as 
amended ; 

(4) Said transaction of purchase of $1,200,000 of the Company's bonds 
and sale of 60,666 shares of stock of Eastern Shore Public Service Com- 
pany shall be consummated. 

G. It is further adjudged, ordered and decreed that, from and after 
the issuance of the New Bonds and the New Debentures but not as con- 
ditions precedent to the issuance of the New Bonds or the New Debentures 
nor as conditions affecting the validity thereof when issued, as follows, 
namely: 

(1) The Company shall not pay any dividends on its common stock (a) 
in any event until it shall have received the aforesaid $2,500,000 as 
a capital contribution, and (b) during the first year after the receipt 
of said $2,500,000 only after approval by this Commission; 

(2) No dividend shall be paid from said capital contribution of $1,500,000 
or from said capital contribution of $2,500,000 without, in either 
case, prior approval of this Commission; 

(3) No expenses substantially in excess of the respective estimates of 
amounts supplied to the Commission by the Company shall be paid 
without prior approval of the Commission; 

(4) No bonds or stock, previously issued and presently in the treasury, 
or which come into the treasury of the Company by purchase, dona- 



60 N. C. Utilities Commission 

tion, redemption, exchange or otherwise shall be reissued without 
the approval of this Commission but shall be cancelled on the books 
of the Company, and the certificates, insofar as actually delivered, 
shall be cancelled on their face; 

(5) Nothing contained in this order shall: 

(a) Authorize the Company to issue any bonds, notes or other 
evidences of indebtedness (other than the bonds and debentures 
hereby authorized) that may be payable at periods of two years 
or more, or to issue any other securities of any kind, unless authority 
therefor shall have been first obtained from the Commission accord- 
ing to law; 

(b) Relieve the Company from its duty, if any, to comply with 
the regulations and requirements of any commission or govern- 
mental body, Federal or State, having lawful jurisdiction in the 
premises; 

(c) Relieve the Company from its duty to comply with the pro- 
visions of Section 167 of the Constitution, and Section 3788 of the 
Code of Virginia, relating to the filing with the Virginia Commission 
of a statement of any proposed bond issue; 

(d) Obligate the State of North Carolina to pay, or to guarantee 
in any manner, any securities authorized hereby; or 

(e) Involve any expression of opinion on the part of this Com- 
mission as to the value of any securities authorized hereby; and 

(6) The authority hereof shall be, and it hereby is, made subject to the 
proviso that, in the event the several transactions hereby authorized, 
consisting of the issuance of certain securities, and the entry into 
certain affiliate transactions, be not consummated on or before April 
1, 1942, the said authority hereby granted shall be automatically 
suspended, without necessity of formal order to such effect, until 
further action by the Commission upon the merits as of such time 
unless on or before the said date good cause to the contrary be 
shown. 

H. It is further ordered, that the Company file further documents in 
the record of this proceeding, such documents to become, immediately upon 
such filing, parts of the record herein as supplemental exhibits, as follows: 

1. Promptly after the execution of said proposed Mortgage and Deed 
of Trust and of said proposed Indenture relating to the New Deben- 
tures, copies of the executed forms thereof; and 

2. On or before December 1, 1941, unless an extension of time shall 
have been obtained by prior order of the Commission herein, a report 
of the Company, duly verified, giving in substantial detail its actions 
and the transactions had pursuant to this order. 

I. It is further ordered, that this proceeding be, and the same hereby 
is, continued on the docket of the Commission for the purpose of filing the 
supplemental data above required, for the purpose of making a verified 
report, or reports, as herein required, and for any other action that may 
be found necessary or advisable, on or before December 1, 1941. 

J. It is further ordered, that the Clerk of the Commission do (1) 
forward attested copies hereof to 

(a) Virginia Public Service Company; 



Decisions and Adjustments of Complaints 61 

(b) T. Justin Moore, counsel; 

(c) George D. Gibson, counsel; 

all care and attention of George D. Gibson, Counsel; and 

(2) Furnish further attested copies hereof, not to exceed a total of 50, 
without charge, upon request of the Company or its counsel, and upon 
presentation of copies for such attestation. 

Since only nine customers now being served by the applicant in this case 
live within the jurisdiction of this Commission, the findings of fact in this 
order are presumed to be correct and are based upon the stipulations con- 
tained in the application and exhibits without verification by this Com- 
mission and shall become effective concurrently and in such proportion 
of said amounts and to such extent as the same has been or may be 
approved and promulgated by the Corporation Commission of the State 
of Virginia. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 



This 11th day of April, 1941. 



By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2251. 



VIRGINIA PUBLIC SERVICE COMPANY. 

ORDER APPROVING AGREEMENT FOR MANAGEMENT AND OTHER 
SERVICES WITH ATLANTIC UTILITY SERVICE CORPORATION, 
AN AFFILIATED CORPORATION. 

A. This day came Virginia Public Service Company (hereinafter some- 
times called the Company) and presented its verified application under 
the provisions of Chapter 307 of the Acts of 1933 [Section 1112 (l)-(36) of 
the North Carolina Code], known as the "Public Utilities Act of 1933" and 
related provisions, asking for authority to enter into an agreement for 
management and other services with Atlantic Utility Service Corporation, 
an affiliated corporation (hereinafter sometimes called Atlantic), a copy 
of which agreement is attached to said application as Exhibit A; and upon 
the motion of its counsel; 

B. It is ordered that said application (hereinafter sometimes called 
the Application) and exhibits therewith, be and they hereby are filed, and 
that this matter be, and it hereby is, docketed and set for immediate hear- 
ing by the Commission, upon the Application and exhibits, and 

C. Thereupon this matter came on this day to be fully heard and 
maturely considered by the Commission upon said Application and exhibits. 

D. It is, therefore, now found and adjudged that the Company now 
desires to enter into a new agreement for management and other services 
with Atlantic, which agreement is to supersede and take the place of an 
agreement heretofore entered into between these parties in August, 1938; 
the character of the services contemplated by the proposed new agree- 
ment are the rendition by Atlantic of services and advice in connection 
with public utility accounting, corporate simplification and integration, 



62 N. C. Utilities Commission 

finance, operations, engineering, construction, purchasing and other mat- 
ters relating thereto, all as more fully appears from said Exhibit A filed 
with the Application; the services are to be rendered only at the request 
of the Company and the consideration to be paid for such services is the 
cost thereof to Atlantic as more fully appears from said Exhibit A; the 
proposed new agreement provides that the aggregate amount which may 
be charged by Atlantic pursuant thereto during the term thereof shall 
not exceed (a) for routine or ordinary services three-fourths of one per- 
cent {% of 1%) of the gross operating revenues for the term, and (b) 
for unusual or special services three-fourths of one percent (% of 1%) of 
the Company's gross operating revenues for the term; according to the 
verified Application of the Company the services to be obtained under the 
proposed new agreement are necessary and advisable in the conduct of the 
Company's business and cannot otherwise be secured at this time at less 
cost to the Company; such agreement has heretofore been approved by the 
Company's Board of Directors, and by the State Corporation Commission 
of Virginia by an order entered on July 21, 1941; and the terms of the 
proposed new agreement are reasonable and consistent with the public 
interest. 

E. It is therefore adjudged, ordered and decreed, that the Company 
be and it hereby is authorized, empowered and permitted to enter into 
said proposed new agreement with Atlantic. 

F. Since only nine customers now being served by the applicant in this 
case live within the jurisdiction of this Commission, the findings and 
conclusions in this order are based upon the statements in the applica- 
tion and exhibits and the terms of the order entered by the State Corpora- 
tion of Virginia, without separate hearing by this Commission, and this 
order shall become and remain effective concurrently with said order of the 
Virginia State Corporation Commission. 

This 19th day of September, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Comviissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2391. 

VIRGINIA PUBLIC SERVICE COMPANY. 

Order Authorizing Issuance of Securities and Other Matters. 

A. This day came Virginia Public Service Company (hereinafter 
sometimes called the Company) and presented its application verified in 
November, 1941 under the provisions of Chapter 307 of the Acts of 1933 
(Section 1112(1) -(36) of the North Carolina Code) known as the "Public 
Utilities Act of 1933" and related provisions, asking for authority to issue 
and sell certain new securities, consummate certain transactions with affili- 
ates and related matters; and there were presented with said application 
and identified therein Exhibit 1, being an application for similar purposes 



Decisions and Adjustments of Complaints 63 

to the State Corporation Commission of Virginia, Exhibit 2, being an 
order of the State Corporation Commission of Virginia, dated November 
10, 1941 in Case No. 7354, authorizing such transactions, and Exhibit 3, 
being pages 1-7 of Exhibit D-5 to the November 3, 1941 application by the 
Company and others on Form U-1 to the Securities and Exchange Com- 
mission; and upon the motion of Hunton, Williams, Anderson, Gay & Moore, 
its counsel, by T. Justin Moore and George D. Gibson, of counsel; 

B. It is ordered, that said application and exhibits therewith (here- 
inafter sometimes called the Application) be, and they hereby are, filed 
and that this matter be, and it hereby is, docketed and set for immediate 
hearing by the Commission, upon the Application and upon the record 
before this Commission in Case No. 2251; and 

C. Thereupon this matter came on this day to be fully heard and 
maturely considered by the Commission upon the application and said 
record : 

D. It is, therefore, now found and adjudged that: 

1. The Company is a corporation owning or operating in this State 
equipment or facilities for producing, generating, transmitting, delivering 
or furnishing electricity, and is therefore a public utility within the mean- 
ing of said Chapter 307 and subject to regulation by this Commission as 
to rates, services and security issues; 

2. The creation, issuance, sale and disposition of the securities pro- 
posed in the Application are solely for a lawful object within the cor- 
porate purposes of the Company, namely, for the purpose of financing the 
business of the Company by the construction, completion, extension or 
improvement of its facilities, the improvement of its service and the dis- 
charge or lawful refunding of its obligations, are compatible with the 
public interest, are necessary and appropriate for and consistent with 
the proper performance by the Company of its service to the public and 
will not impair its ability to perform that service and are reasonably neces- 
sary and appropriate for such purposes; and 

3. The acquisition by the Company of assets of subsidiaries as proposed 
in the Application, the acquisition of its bonds from an affiliate as pro- 
posed in the Application and the sale by it of its stock in Eastern Shore 
Public Service Company to an affiliate as proposed in the Application are 
reasonable and consistent with the public interest; 

E. It is therefore adjudged, ordered and decreed that: 

(1) All authorization and approval requisite under the laws of North 
Carolina are given for all of the actions and transactions authorized by 
said order of the State Corporation Commission of Virginia; and 

(2) The system of accounts adopted by the State Corporation Commis- 
sion of Virginia is hereby approved for use by the Company. 

F. It is further ordered that: 

(1) If the sale of securities hereby authorized shall not be consum- 
mated within six months from the date of this order, the authority hereby 
granted shall be automatically suspended, without the necessity of formal 
order to such effect, until further action by the Commission upon the merits 



64 N. C. Utilities Commission 

as of such time unless on or before the said date good cause to the contrary- 
be shown; 

(2) Promptly after the closing of the transactions herein authorized the 
Company shall file herein as further exhibits in this proceeding copies 
of the mortgage securing the new bonds, the agreement relating to the 
issuance of the new serial notes, the merger agreement defining the terms 
of the new preferred and common stocks and the registration statement 
under the Securities Act of 1933; 

(3) Within 90 days after such closing the Company shall file herein a 
report showing the transactions had pursuant to this order; 

(4) This proceeding is hereby continued on the docket of the Commission 
for the purpose of filing the additional documents above mentioned and 
for any other action that may be found necessary or advisable on or 
before April 15, 1942; and 

(5) The Clerk of the Commission shall furnish 50 attested copies of this 
order, without charge, upon presentation of copies for such attestation, 
upon request of the Company or its said counsel. 

G. Since only a few customers now being served by the Company live 
within the jurisdiction of this Commission, the findings and conclusions 
in this order are based upon the statements in the Application and the 
terms of said order of the State Corporation Commission of Virginia, 
without separate hearing by this Commission. 

This 12th day of November, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Comfjiissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Docket No. 2440. 

VIRGINIA PUBLIC SERVICE COMPANY. 
Order Authorizing Issuance of Securities and Other Matters 

A. This day came Virginia Public Service Company (hereinafter some- 
times called "the Company") and presented its Supplemental Application 
verified in April 1942 under the provisions of Chapter 307 of the Acts of 
1933 (Sections 1112(1) -(36) of the North Carolina Code) known as the 
"Public Utilities Act of 1933" and related provisions, asking for authority 
to issue and sell certain new securities, consummate certain transactions 
with affiliates and related matters; and there were presented with said 
Supplemental Application and identified therein. Exhibit 1, being a Second 
Supplemental Application for similar purposes to the State Corporation 
Commission of Virginia, Exhibit 2, being a Third Supplemental Applica- 
tion in that regard to the State Corporation Commission of Virginia, and 
Exhibit 3, being an order of the State Corporation Commission of Virginia, 
dated April 29, 1942, in Case No. 7354, authorizing such transactions; and 
upon the motion of Hunton, Williams, Anderson, Gay & Moore, its counsel, 
by T. Justin Moore, George D. Gibson and Lewis F. Powell, Jr., of counsel; 



Decisions and Adjustments of Complaints 65 

B. It is ordered, that said Supplemental Application and exhibits there- 
with (hereinafter sometimes called "the Supplemental Application") be, 
and they hereby are, filed and that this matter be, and it hereby is, set for 
immediate hearing by the Commission, upon the Supplemental Application, 
upon the record in this Case No. 2440, and upon the record before this Com- 
mission in Case No. 2251; 

C. Thereupon this matter came on this day to be fully heard and 
maturely considered by the Commission upon the Supplemental Application 
and said records: 

D. It is, therefore, now found and adjudged that: 

1. The creation, issuance, sale and disposition of the securities proposed 
in the Supplemental Application are solely for a lawful object within the 
corporate purposes of the Company, namely, for the purpose of financing 
the business of the Company by the construction, completion, extension or 
improvement of its facilities, the improvement of its service and the dis- 
charge or lawful refunding of its obligations, are compatible with the 
public interest, are necessary and appropriate for and consistent with the 
proper performance by the Company of its service to the public and will not 
impair its ability to perform that service and are reasonably necessary 
and appropriate for such purposes; and 

2. The acquisition by the Company of assets of subsidiaries as proposed 
in the Supplemental Application, and the acquisition of its bonds from an 
affiliate as proposed in the Supplemental Application are reasonable and 
consistent with the public interest; 

E. It is therefore, adjudged, ordered and decreed that: 

1. All authorization and approval requisite under the laws of North 
Carolina are given for all of the actions and transactions authorized by 
said order of the State Corporation Commission of Virginia; 

F. It is further ordered that: 

1. If the sale of securities hereby authorized shall not be consummated 
within six months from the date of this order, the authority hereby granted 
shall be automatically suspended, without the necessity of formal order 
to such effect, until further action by the Commission upon the merits as of 
such time unless on or before the said date good cause to the contrary 
be shown; 

2. Promptly after the closing of the transactions herein authorized the 
Company shall file herein as further exhibits in this proceeding copies of the 
mortgage securing the new bonds, the agreement relating to the issuance 
of the new debentures and the registration statement under the Securities 
Act of 1933; 

8. Within 90 days after such closing the Company shall file herein a 
report showing the transactions had pursuant to this order; 

4. This proceeding is hereby continued on the docket of the Commission 
for the purpose of filing the additional documents above mentioned and for 
any other action that may be found necessary or advisable on or before 
September 15, 1942; and 



66 N. C. Utilities Commission 

5. The Clerk of the Commission shall furnish 50 attested copies of this 
order, upon presentation of copies for such attestation, upon request of the 
Company or its said counsel at $1.00 each. 

G. Since only a few customers now being served by the Company live 
within the jurisdiction of this Commission, the findings and conclusions 
in this order are based upon the statements in the Supplemental Appli- 
cation and the terms of said order of the State Corporation Commission 
of Virginia, without separate hearing by this Commission. 
This 4th day of May, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2440. 



IN THE MATTER OF VIRGINIA PUBLIC SERVICE COMPANY. 
Order Granting Exemption 

Virginia Public Service Company, having filed its application verified 
in March, 1942, under the provisions of the Public Utilities Act of 1933 
(Article 9 of Chapter 21 of the North Carolina Code of 1919 as amended) 
setting up the fact that the Company supplies electricity to only nine 
customers in the State of North Carolina, all of whom are served as an 
incident to its operations in the Town of Virgilina, Virginia, and asking 
that the Company may be found to be not a public utility in North Caro- 
lina and be exempted from the requirements of said legislation; and said 
application having been filed and maturely considered by the Commission; 
and this matter accordingly coming on to be fully heard and disposed of 
by the Commission upon said application and the record before this Com- 
mission in Case No. 2251, in Case No. 2391 and in Case No. 2440; 

It is, therefore, now found and adjudged, that under existing conditions 
Virginia Public Service Company is not a public utility in North Carolina; 
and 

It is, therefore, adjudged, ordered and decreed, that Virginia Public 
Service Company is hereby exempted from all requirements of said Public 
Utilities Act of 1933, subject, however, to the right on the part of this 
Commission to modify or terminate such exemption at any time by the 
entry of a further order herein upon notice and subject to a privilege 
on the part of Virginia Public Service Company to apply for authoriza- 
tion or approval in respect of any particular transaction if it shall so desire. 

Done and subscribed to at the office of the Utilities Commission in 
Raleigh, North Carolina, March 25, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner. 

By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2580. 



Decisions and Adjustments of Complaints 67 

Electric Light and Power Companies 

Carolina Power and Light Company to the Commission. Municipal Christ- 
mas decorative lighting. Approved. Closed. Docket No. 2153. 
Carolina Power and Light Company. Complaint by Banks Clothing Company 

of bill for service. Adjusted. Docket No. 2488. 
Carolina Power and Light Company and Duke Power Company. Complaint 

by Burlington Mills Corp. of difference in rates. Adjusted. Closed. Docket 

No. 2112. 
Carolina Power and Light Co. Complaint by Capital Ice and Coal Co. of 

discrimination in rates. Dismissed. Docket No. 2070. 
Carolina Power and Light Company. Application by C. G. Coley for electric 

line extension on Highway No. 59. Adjusted. Docket No. 2588. 
Carolina Power and Light Company. Application by Mrs. Ward Dabney 

for electric service. Adjusted. Closed. Docket No. 2483. 
Carolina Power and Light Company. Application by Dockery Laboratories 

for construction of electric line to laboratory. Applicant advised con- 
struction would be governed by war defense regulations. Closed. Docket 

No. 2541. 
Carolina Power and Light Co. Complaint by Mrs. J. W. Doss of failure to 

receive service in home. Adjusted. Closed. Docket No. 2464. 
Carolina Power and Light Company. Application by P. B. Fleming for 

extension of power line to home at Swannanoa. Dismissed. Docket No. 

2275. 
Carolina Power and Light Company. Complaint by G. H. Furgeson in re 

separate electric meters for two-family houses. Dismissed. Docket No. 

2487. 
Carolina Power and Light Company. Complaint of rate by Howard Farms. 

Adjusted. Closed. Docket No. 2498. 
Carolina Power and Light Company. Application by Mrs. Katie Jeffress 

for service. Application referred to Rural Electrification Administration 

and Adjusted. Closed. Docket No. 2605. 
Carolina Power and Light Company. Complaint by Liberty Veneer Co., Inc., 

of change in basis for power. Dismissed. Docket No. 2161. 
Carolina Power and Light Co. Application by H. F. McDonald for service. 

Adjusted. Closed. Docket No. 2196. 
Carolina Power and Light Company. Complaint by J. A. Miller of failure 

to secure service in home at Green Hills. Adjusted. Closed. Docket No. 

2326. 
Carolina Power and Light Company. Application by farmers of Milton 

Township of Caswell County for extension of line to serve community. 

Dismissed. Docket No. 2247. 
Carolina Power and Light Company. Application by Vaughan F. Rhinehart 

for extension of electric service to home. Adjusted. Docket No. 2644. 
Carolina Power and Light Company. Complaint by Seaboard Mills, Inc., of 

charges for service. Dismissed. Docket No. 2237. 
Carolina Power and Light Company. Complaint by Southern Mattress Com- 
pany of discrimination in failure to secure power meter. Dismissed. 

Docket No. 2280. 



68 N. C. Utilities Commission 

Carolina Power and Light Company. Complaint by Charlie S'tanton, Hope 

Mills, in re installation of service in home. Adjusted. Closed. Docket No. 

2711. 
Carolina Power and Light Company. Application by Mrs. John Tiddy for 

service. Denied. Docket No. 1794. 
Carolina Power and Light Co. Complaint. Application by Scott Uzzell for 

electric service in home near the airport. Adjusted. Closed. Docket No. 

2109. 
Carolina Power and Light Company. Application by Robert F. Wilson for 

extension of lines to home and Methodist Church. Adjusted. Closed. 

Docket No. 2272. 
R. O. Craig, Gastonia. Application by Dallas & Cherryville Townships for 

light and power service. Referred to Rural Electrification of Union 

County. Closed. Docket No. 1270. 
Domestic Electric Service Company. Complaint of Rates by H. C. Joyner. 

Dismissed. Docket No. 2178. 
Duke Power Company to the Commission. Regulations in fluorescent lamps. 

Approved. Docket No. 2049. 
Duke Power Company to the Commission. Reclassification of plant accounts 

under uniform system of accounts adopted by Federal Power Commis- 
sion and N. C. Utilities Commission. Approved. Closed. Docket No. 2288. 
Duke Power Company. Application by M. B. Aderholt for electricity in 

home. Adjusted. Closed. Docket No. 2197. 
Duke Power Company. Complaint by D. Luther Barringer of delay in 

receiving service. Adjusted. Docket No. 2461. 
Duke Power Company and Carolina Power and Light Company. Complaint 

by Burlington Mills Corp. of difference in rates. Adjusted. Closed. Docket 

No. 2112. 
Duke Power Company. Application by James Douglas for power line through 

Charlotte Township. Adjusted. Closed. Docket No. 2266. 
Duke Power Company. Application by Marshall Elmore for electricity in 

home. Adjusted. Docket No. 2454. 
Duke Power Company. Request by B. A. Evans for service at store. Denied. 

Docket No. 2554. 
Duke Power Company. Application by A. D. Foster for electric service. 

Dismissed. Docket No. 1354. 
Duke Power Company. Complaint by T. W. Hilliard in re deposit required 

for service. Adjusted. Docket No. 2499. 
Duke Power Company. Application by Fred S. Hutchins for extension of 

electric power lines. Dismissed. Docket No. 2199. 
Duke Power Company. Application by Floyd A. Isley for electric service. 

Adjusted. Closed. Docket No. 1531. 
Duke Power Company. Complaint by Dr. Eric C. Kunz of electric billing 

at Fanning Fields Farm near Arden. Dismissed. Docket No. 2336. 
Duke Power Company. Application by D. M. Misenheimer for electric 

service in home. Adjusted. Closed. Docket No. 2299. 
Duke Power Company. Complaint by Rockwell Casket Company in re 

refund of deposit. Docket No. 2766. 
Duke Power Company. Application by E. S. Rollins for service in rural 

home near Bostic. Adjusted. Closed. Docket No. 2320. 



Decisions and Adjustments of Complaints 69 

Duke Power Company. Application by C. B. Russell for electric service. 

Adjusted. Closed. Docket No. 2213. 
Duke Power Company. Application by Mrs. H. F. Sink for extension of 

electric line to home at Rudd Station. Granted. Closed. Docket No. 2246. 
Duke Power Company. Complaint by W. H. Vander Linden in re service. 

Adjusted. Docket No. 2630. 
Duke Power Company. Complaint by I. D. Ward of rule as to wiring 

extension. Dismissed. Docket No. 2374. 
Duke Power Company. Complaint by Marvin G. Widenhouse of failure to 

receive electric service in home. Adjusted. Closed. Docket No. 2778. 
Duke Power Company. Complaint by Mrs. Luther Wilhoit et al of failure 

to secure electric service. Dismissed. Docket No. 2208. 
Duke Power Company. Application by J. S. Wyrick for electric service for 

residence. Denied. Docket No. 2423. 
Durham Public Service Company to the Commission. Fluorescent lamps. 

Approved. Closed. Docket No. 2094. 
Durham Public Service Company to the Commission. Rates for residential 

electric service, Commerical lighting service, commercial lighting and 

power service, and industrial service. Filed and approved. Closed. Docket 

No. 2267. 
Durham Public Service Company. Complaint by J. L. Atkins, Sr., of 

"penalty" provision in residential rate schedule. Adjusted. Docket No. 

2465. 
Durham Public Service Company. Application by Charles F. Hudson for 

electric service to Mount Hermon Baptist Church near Hillsboro. Referred 

to Rural Electrification Administration. Closed. Docket No. 2395. 
City of Fayetteville. Application by Mrs. Paul McArthur for electric 

service. Commission being without jurisdiction, docket is dismissed. Docket 

No. 2392. 
Four County REA Electric Membership Corporation. Application by Keith 

Farm Company for electric service. The Commission being without juris- 
diction, case dismissed. Docket No. 2357. 
Nantahala Power & Light Co. to the Commission. Application for approval 

of plan to modify regular procedure of reading meters of consumers in 

outlying areas. Approved. Closed. Docket No. 2785. 
Northwest Carolina Utilities, Inc. Complaint by agent of Carolina, Clinch- 
field and Ohio Railway Company of rate for Huntdale station. Dismissed. 

Docket No. 2500. 
Northwest Carolina Utilities, Inc. Complaint by Jater Frye of failure to 

receive service. Adjusted. Docket No. 2442. 
Northwest Carolina Utilities, Inc. Complaint by Thomas Harris & George 

Harrell of failure to receive service. Adjusted. Closed. Docket No. 2511. 
Northwest Carolina Utilities, Inc. Complaint by Town of Marshall of electric 

service. Adjusted. Closed. Docket No. 2329. 
Northwest Carolina Utilities, Inc. Complaint by W. E. McNeill with refer- 
ence to deposit required for service. Dismissed. Docket No. 2587. 
Northwest Carolina Utilities Company. Complaint of service by O. C. Rector 

Hardware Co. Adjusted. Closed. Docket No. 2111. 



70 N. C. Utilities Commission 

Northwest Carolina Utilities, Inc. Complaint by Carl R. Stuart with refer- 
ence to demand for deposit to guarantee payment of bills. Adjusted. 
Docket No. 2463. 

Pamlico Ice and Light Company to the Commission. Commercial electric 
service rate. Approved. Closed. Docket No. 2162. 

Public Service Company of North Carolina, Inc., to the Commission. Rate 
for flat refrigeration for the towns of Concord, Gastonia and Statesville. 
Approved. Closed. Docket No. 2245. 

Roanoke Utilities Company, Inc. Complaint of service by M. A. Daniels. 
Dismissed. Docket No. 2366. 

Roanoke Utilities Company, Inc. Petition by the citizens of Roanoke Island 
for reduction in rates. Dismissed. Docket No. 2344. 

Rocky River Light and Improvement Company. Complaint by Boyd A. 
Hartsell of rates and petition for reduction in same. Dismissed. Docket 
No. 1451. 

Rossman Tanning Extract Company. Complaint of service by A. M. Paxton 
and Transylvania County Board of Education of service. Adjusted as to 
service and rates for Rossman Tanning Extract Co. filed and approved. 
Closed. Docket No. 1740. 

Smoky Mountain Power Company. Complaint by Roy Beard of refusal of 
company to connect service. Adjusted. Closed. Docket No. 1791. 

Tide Water Power Company. Application by Mrs. E. G. Baldwin for electric 
service. Dismissed. Docket No. 2142. 

Tide Water Power Company. Complaint by Bonitz Insulation Co., Greens- 
boro, of charge for turning on lights and gas at Wrightsville Beach. 
Adjusted. Closed. Docket No. 2781. 

Tide Water Power Company. Complaint by C. W. Britton of termination 
of water connection at water plant in connection with property sub- 
division adjacent to Beaufort. Adjusted. Closed. Docket No. 2219. 

Tide Water Power Company. Complaint of service by James H. Clark and 
citizens of Elizabethtown. Adjusted. Closed. Docket No. 2335. 

Tide Water Power Company. Complaint by Humphrey Brothers of electric 
current at Burgaw. Adjusted. Docket No. 2462. 

Tide Water Power Company. Complaint by Leroy Lee's Store of service 
at Tabor City. Dismissed. Docket No. 2427. 

Tide Water Power Company. Application by Mrs. Leo Norris for exten- 
sion of line to Etter and Sanders. Denied. Docket No. 2433. 

Tide Water Power Company. Complaint by Robert G. Rankin of classification 
for electric service. Adjusted. Closed. Docket No. 2143. 

Tide Water Power Company. Complaint by town of Rose Hill of charges for 
street lighting. Adjusted. Closed. Docket No. 2385. 

Tide Water Power Company. Complaint of services by citizens of White 
Lake and adjacent territory. Adjusted. Closed. Docket No. 2340. 

Tide Water Power Company. Complaint by Wilmington Coal Storage Co. 
of charge for service. Dismissed. Docket No. 2165. 

Virginia Electric & Power Company to the Commission. Application for 
authority to cancel: Electric range and electric water heating installa- 
tions; agreement for electric range and/or electric water heater service 
entrance wiring to be installed in residences by company; agreement for 
electric range and/or electric water heater service entrance wiring to be 



Decisions and Adjustments of Complaints 71 

installed in residences and/or apartment buildings where company reim- 
burses owner on agreed cost basis. Approved. Docket No. 1138. 

Virginia Electric and Power Company to the Commission. Approval of the 
following rates and riders: Schedules and Riders covering: residential 
service, general service, ice manufacturing or cold storage, battery 
charging, heating or refrigeration, electrical contractors or dealers, time- 
controlled storage water heating. Riders: seasonal service, temporary 
service, churches or charitable institutions, summer resort service. Dare 
County, breakdown or relay service, breakdown, relay or parallel opera- 
tion service. Docket No. 2581. 

Virginia Electric and Power Company. Complaint of service by W. B. 
Davis. Adjusted. Closed. Docket No. 2118. 

Virginia Electric and Power Company. Complaint by Hart Cotton Mills, 
Inc., of demand charge carried in Schedule No. 10. Also complaint as to 
coal cost clause. Dismissed. Docket No. 2126. 

Virginia Electric and Power Company. Complaint by W. A. Snowden of 
rates between Moyock and Coinjock and between Sligo and Shawboro. 
Adjusted. Closed. Docket No. 2399. 

Virginia Electric and Power Company. Complaint by M. R. Taylor of rates 
at Winton. Dismissed. Docket No. 2146. 



Express Company 

INCREASES' IN EXPRESS RATES AND CHARGES AND MODIFICA- 
TION OF THE EXPRESS RATE STRUCTURE. 

Order 

Appearance: Blair Foster, Atlanta, Georgia, for Applicant. 

On March 6, 1939, the Railway Express Agency, Incorporated, petitioned 
the Commissioner for authority to increase its rates and charges and to 
make other modifications of the express rate structure. The proposed 
revision corresponding with that authorized by the Interstate Commerce 
Commission in its report and order dated February 6, 1939, as applicable 
to express in interstate commerce, involves: 

(a) a 10 per cent increase in all first class rates under $9.00 per 100 
pounds — second class rates per 100 pounds to be 75 per cent of the 
increased first class rates; 

(b) the revision of the graduated scale of express charges commonly 
known as package charges by applying the increased 100 pound first 
and second class rates pro rata for each 1 to 99 pounds, plus an 
arbitrary factor of 10 cents regardless of weight, observing the 
100 pound rate as the maximum; 

(c) a scale of minimum charges for weights 1 to 11 pounds for all first 
class scales, the lowest minimum being no less than 25 cents; 

(d) 10 per cent increase in less than carload commodity rates related to 
first and second class 100 pound rates; 

(e) Increases in minimum charges on printed matter, both advertising 
and otherwise, periodical electrotype and stereotype plates, matrices, 
paper patterns, samples of various articles usually of no value, and 
other articles similarly rated; and 

(f) to revise Rule l(m) of OflFiciai Express Classification by restoring 
the practice in effect prior to July, 1922, of assessing all fractions 
of a pound as a full pound. 



72 N. C. Utilities Commission 

It is not proposed to change the so-called truck competitive rates which 
have been in effect for some time and which are based on the first five classes 
of rail freight rates; neither is it proposed to increase or change the rates 
on milk and cream or any other similar traffic such as ice cream mixed. 

The petition was heard by the Commissioner on April 18, 1939. There 
was no opposition. 

Copies of the transcripts of hearings and all exhibits introduced in the 
various hearings before the Interstate Commerce Commission in Express 
Rates, 1938-1939, Ex Parte 126, were furnished to the Commissioner, and 
which, by motion, were made a part of the record in this proceeding. 
In effect, the proposal seeks to increase certain intrastate express rates and 
charges in North Carolina and to reduce other express rates which will 
result in a structure corresponding to that on interstate commerce through- 
out the United States. In its report and order dated February 6, 1939, Ex 
Parte No. 126, Express Rates, 1938-1939, the Interstate Commerce Commis- 
sion authorized the proposed increases and reduced rates and charges for 
the transportation of property by express, except in respect to traffic sub- 
ject to seasonal or temporary rates as to which the authorized increases 
shall be applied to the seasonal rates and not to the higher permanent rates. 

It is contended by petitioner that the necessity for the revision in the 
express rate structure is due to a substantial increase in operating costs 
of conducting the business. Included in these various increases, added in 
recent years, is the wage increase effective in 1937, amounting to approxi- 
mately $7,000,000.00 a year. Payroll taxes have increased to approximately 
$3,800,000.00 a year. These figures represent national increases and were 
not broken down to show North Carolina's pro rata part. However, it was 
stated that these increases are uniform throughout the express company's 
system, applying with equal force to interstate and intrastate operations, 
as the same employees and the same vehicles handle both classes of traffic 
without separation or distinction as to service rendered. Express revenue 
on intrastate traffic in North Carolina for the year 1937, while being in 
excess of the intrastate revenue in 1933, was less than for any year during 
the period 1927 to 1937, inclusive, and was well under the volume for the 
year of 1929 and prior years. 

Petitioner stated that in devising a plan for changing the express rate 
structure, in order to make it more nearly meet modern day demands and 
conditions, it was found impracticable to propose that all rates be increased 
or that all rates be reduced. Therefore, a program was devised to effect 
both reductions and increases which, if put into effect, would result in 
substantial reductions and some increases in rates on package traffic, being 
that primarily adaptable to rail express service, and to apply a 10 per 
cent increase to the 100 pound class rates. This arrangement, it was con- 
tended, would restore the proper and consistent spread as between less than 
carload rail freight on the one hand, and class rates, on the other hand. 
The former was increased in 1938, by our report and order dated April 
11, of that year. 

Petititioner contends that the proposed revision made uniformly through- 
out the nation will produce an increased net revenue of $5,000,000.00 on 
present traffic and an added net revenue of $5,000,000.00 derived from new 
business under the modernized scale of package charges. 



Decisions and Adjustments of Complaints 73 

There can be no doubt that increases in wages and taxes have drastically- 
increased the costs of petitioner's operations. Perhaps, the majority of 
express traffic at this time is moving on so-called truck competitive rates 
which are now on basis of the first five classes of freight rates of rail 
carriers. These competitive rates, not in issue in this proceeding, were made 
necessary to prevent a drastic diversion of its traffic to the highways. This 
procedure alone resulted in a diminution of revenues. 

In order that the express rate structure may be uniform, and that peti- 
tioner may be given an opportunity to meet additional expenses required 
of it, the petition will be approved to the same extent that the revision 
proposed corresponds with that authorized by the Interstate Commerce 
Commission in its report and order. Ex Parte 126, supra. 

It is therefore ordered, that petition of the Railway Express Agency, 
Incorporated, seeking authority to revise its express rate structure within 
North Carolina to the same extent as authorized by the Interstate Commerce 
Commission in Express Rates, 1938-1939, Ex Parte 126, be, and the same is 
hereby granted. 

It is further ordered, that petitioner be, and the same is, hereby 
authorized to publish the revision proposed effective on or after May 1, 1939. 

This 19th day of April, 1939. 

Stanley Winborne, Cotn^missioner. 

By Order of the Commissioner: 
R. 0. Self, Chief Clerk. 

Docket No. 1279. 

APPLICATION OF THE RAILWAY EXPRESS AGENCY, INC., FOR 
AUTHORITY TO DISCONTINUE PICK UP AND DELIVERY SERVICE 
AT CLAYTON, N. C. 

Order 

By application filed on April 29th, 1942, supported by affidavit of public 
notice, the Railway Express Agency, Inc. seeks authority to discontinue 
pick up and delivery service at Clayton, N. C. 

The application is based on refusal of the present contractor to continue 
the pick up and delivery service and applicant's difficulty in making sub- 
stitute arrangements. 

Notice of intention to seek authority for discontinuing the pick up and 
delivery service was posted on the door of the Express office at Clayton 
and remained there for a period of ten days prior to filing the application. 
Protest to the action contemplated by the express company has not been 
received from any source whatsoever and it appears that this matter may 
properly be disposed of without the formality of a hearing. 

It is ordered, that the application of the Railway Express Agency, Inc., 
to discontinue pick up and delivery service at Clayton, N. C, be and is hereby 
granted. 

By Order of the Commission: 

This the 15th day of May, 1942. 

R. 0. Self, Chief Clerk. 

Docket No. 644. 



74 N. C. Utilities Commission 

APPLICATION OF RAILWAY EXPRESS AGENCY, INC., FOR 
AUTHORITY TO CLOSE AGENCY AT HAS'SELL, N. C. 

Order 
Appearances : 

Applicants: V. W. Shives, Supt., Railway Express Agency, Inc., Norfolk, 

Virginia. 
Protestants: J. W. Eubanks, Hassell, N. C, and R. T. Johnson, Hassell, 
N. C. 

By application dated July 20, 1940, the Railway Express Agency, Inc., 
by its Superintendent, Mr. R. H. May, seeks authority to discontinue its 
operation at Hassell, N. C. The matter was docketed and came on for hear- 
ing at the Commissioner's office in Raleigh, on Thursday, November 7, 
1940, at 2:30 o'clock P.M., with appearances as noted above. 

A similar application was heard by the Commissioner on November 10, 
1939, and a petition by applicant for dismissal was granted by order dated 
September 23, 1940. 

In relation to the Express Company's over-the-road motor truck opera- 
tion, Hassell is located on an unpaved road, the condition of which at 
times during the Winter months has resulted in trouble for the express 
truck. 

For a period of twelve months, July, 1939 to June, 1940, inclusive, the 
total average monthly gross revenue accruing to the Express Company 
at Hassell was $6.49, while the Agent's compensation was $5.00 per month. 
Witness Shives for the Express Company testified that for a period of 
nine months in 1940, January to September, inclusive, the average monthly 
revenue was $8.71 and the average monthly expense was $32.15, which 
latter figure includes the item of $5.00 per month paid to the Agent. 

Mr. V. W. Shives, Superintendent of the Express Company, stated that 
with the hard surfacing of the roads comprising the route from Oak 
City through Hassell to a junction with a paved highway near Hamilton or 
to a junction with a highway at Robersonville, the Express Company would 
provide service at Hassell, regardless of revenue consideration. Applicant, 
protestants Eubanks and Johnson, also the Commissioner, expressed opin- 
ion that the Highway Commission's program of road improvement con- 
templates hard surfacing of the roads comprising the routes to Hassell from 
the surrounding highways. The Commissioner will present the matter to the 
Highway Commission to hasten treatment of these roads. 

Upon consideration of these circumstances and facilities existing at Oak 
City and other points in proximity where the receivers and forwarders of 
express shipments may transact business with the Express Company, it 
is therefore 

Ordered, that the Railway Express Agency, Inc., be, and it is hereby 
authorized to close the Agency at Hassell on or after January 1, 1941, 
until such time as the roads thereto are hard surfaced. 

This the 20th day of November, 1940. 

Stanley Winborne, Commissioner. 

By Order of the Commissioner: 
R. 0. Self, Chief Clerk. 

Docket No. 1720. 



Decisions and Adjustments of Complaints 75 

APPLICATION BY RAILWAY EXPRESS AGENCY, INC., TO DIS'CON- 
TINUE ITS AGENCY AT SODYECO, N. C. 

Order 

By application filed by Mr. J. R. Sowell, Route Agent, on behalf of the 
Railway Express Agency, Inc., authority is sought to discontinue the 
Agency at Sodyeco, North Carolina. The Express Company is represented 
by an employee of the Southern Dyestuff Corporation, the only shipper and 
receiver of express traffic at that point. Under such an arrangement, the 
merchant agent, so-called, is compensated on a commission basis and in 
lieu thereof, the applicant proposes to handle traffic through their regular 
Mountain Island office, which is located approximately 300 yards from the 
plant of the Southern Dyestuff Corporation, which plant will be included 
within the delivery limits of Mountain Island. 

The applicant submitted to the Commission what purports to be a 
written statement of Mr. G. F. Oberfell, Office Manager, of the Southern 
Dyestuff Corporation and also the Merchant Agent of the Express Company 
at Sodyeco, wherein the Express Company's application for authority to 
discontinue the agency is concurred in by the only shipper whose busi- 
ness would be affected by closing the agency. 

In consideration of the applicant's expressed intention to continue from 
and to Mountain Island the rates now applicable at Sodyeco, 

It is ordered, that the application to discontinue the Agency at Sodyeco, 
be, and the same hereby is, granted. 

It is further ordered, that a copy of this report and order be served 
forthwith upon the Southern Dyestuff Corporation. For the reason that 
this matter having been considered by less than the full Commission, the 
findings and order herein made will not become effective as the findings 
and order of the full Commission until the expiration of ten days from 
the date hereof, and will not then become effective, if within said period, 
exceptions are filed hereto. 

By Order of the Commission: 

This the 21st day of October, 1941. 

R. 0. Self, Chief Clerk. 

Docket No. 2426. 

Railway Express Agency, Inc., to the Commission. Application for authority 
to discontinue service at Advance. Denied. Docket No. 2089. 

Railway Express Agency, Inc., to the Commission. Application for authority 
to discontinue service at Earl. Dismissed. Docket No. 1810. 

Railway Express Agency, Inc., to the Commission. Application for authority 
to discontinue service at Sharpsburg. Granted. Closed. Docket No. 2066. 



76 



N. C. Utilities Commission 



Gas Companies 

APPLICATION OF CAROLINA CENTRAL GAS COMPANY FOR 
APPROVAL IN THE ISSUE OF SEVENTY-FIVE SHARES OF 
COMMON STOCK. 

This cause comes before the Commission on the application of the 
Carolina Central Gas Company for approval, required by Section 18, 
Chapter 307, Public Laws of North Carolina, 1933, in the issuance of 
seventy-five (75) shares of common stock of said Company on November 
25, 1941, amounting to $20,625.00 to the United Cities Utilities Company, 
of which amount $7,500.00 was credited to Capital Stock and $13,125.00 
to Capital Surplus, the amount being paid by a debit to the account of 
United Cities Utilities Company on account of monies advanced by that 
Company. 

It appearing to the Commission that the stock issue did not violate any 
of the provisions of Chapter 307, Public Law^s of North Carolina, 1933, 
and that it was not incompatible with business practice, therefore 

It is ordered, that the approval of the Commission is hereby given to 
common stock issue of Carolina Central Gas Company as set forth above. 

This the 20th day of May, 1942. 

Stanley Winborne, Chairynan 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 2658. 



APPLICATION OF HENDERSON AND OXFORD GAS COMPANY TO 
DISCONTINUE GAS SERVICE AT HENDERSON, N. C, AND TO 
DISMANTLE PLANT THERE. 

Order 

This case comes before the Commission on the petition of the Henderson 
and Oxford Gas Company to discontinue gas service at Henderson and to 
dismantle its plant there. 
Appearances : 

For the petitioner: Charles Sturkey, George V. Jenkins. 

For the City of Henderson: H. G. Powell, Mayor; A. A. Dunn, City 
Attorney; J. H. Bridgers, Counsel. 

The representatives of the petitioner reiterated the reasons set forth in 
its petition filed with this Commission which recited that the company had 
failed to make a profit on its sale of gas since 1930; that its operations 
for the past fifteen years had been in part financed by borrowed money; 
that the indebtedness of the company for borrowed money and interest on 
long term debt of $142,000, is now $192,931.89; that owing to this indebted- 
ness it cannot negotiate a loan or borrow money to purchase supplies for 
the operation of its plant; and the supplies now on hand will be exhausted 
about the middle of April. It was also pointed out that no part of the first 



Decisions and Adjustments oe Complaints 77 

mortgage bonded indebtedness of $142,000, has been paid or could be paid. 
In addition current liabilities of $2,101.87, as of January 31, 1942, were 
reported. 

It was also pointed out that the company, in an effort to save gas users 
in Henderson from harm, had offered to sell its gas properties to the 
City of Henderson at junk value ($10,000) and that the City of Henderson 
had turned down the proposition. 

The representatives of the City of Henderson, acting for the people of 
Henderson and specifically for the gas consumers of Henderson, contended 
that the petition of the Henderson and Oxford Gas Company should be 
denied on the grounds that the gas consumers of Henderson had invested 
substantial amounts of money in gas-using equipment and installations and 
that owing to war conditions it was impossible to secure electric service to 
replace cooking and water heating service now being supplied by the gas 
company and, therefore, said customers would suffer great damage and 
inconvenience. 

It was also contended that the assets of the petitioner should be applied 
to any losses the gas users might sustain in the way of appliances. 

It was also contended that the Atlantic Gas Corporation, the parent 
company of the Henderson and Oxford Gas Company, should be made a 
party to this proceeding on the grounds that it is the owner of the capital 
stock of the petitioner. 

No testimony or statements were made to refute the statements that the 
Henderson and Oxford Gas Company was in a bankrupt condition and 
unable to continue operation of its plant at Henderson. 

The Henderson and Oxford Gas Company is a corporate entity and the 
Atlantic Gas Corporation therefore is not involved in its corporate rights. 
It is only involved as a stockholder and as a stockholder is a heavy loser. 

In the matter of loss customers may sustain in way of appliances, the 
Commission feels that the company should use its efforts to see that 
customers receive reasonable pay for any such useful equipment that is 
made useless by shut down of operations, but upon investigation of the 
law the Commission finds it is without jurisdiction to compel the gas com- 
pany to purchase said equipment. 

It is perfectly apparent from the showing presented that the Henderson 
and Oxford Gas Company is a losing proposition with no hope of getting 
on a paying basis and that it is without funds or any prospect of getting 
funds to keep its plant going, therefore, in the opinion of the Commission 
it should be granted the relief requested, and in consequence thereof 

It is ordered, that the Henderson and Oxford Gas Company is hereby 
authorized to discontinue gas service in Henderson, North Carolina, after 
Wednesday, April 15, 1942, and to dismantle its plant there. 

This the 26th day of March, 1942. 



Stanley Winborne, Chah^man 
Fred C. Hunter, Commissioner. 



Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2547. 



78 N. C. Utilities Commission 

ORDER IN THE CASE OF THE PETITION OF THE HENDERSON 
AND OXFORD GAS COMPANY AT HENDERSOJ^, N. C, TO DIS- 
CONTINUE GAS SERVICE AND DISMANTLE PLANT THERE. 

Exceptions Overruled 

Comes before the full Commission, Winborne, Hunter, Johnson, Excep- 
tions which the City of Henderson, N. C, through its attorneys. Hicks, 
Bridges, Bunn, on April 1, 1942, filed with the Commission, to the order 
of the Commission, issued on March 25, 1942, giving authority to the 
Henderson and Oxford Gas Company to discontinue gas service at Hender- 
son, N. C, and to dismantle its plant there. 

The said exceptions follow: 

"The City of Henderson in behalf of its citizens excepts to the Order 
of the State Utilities Commission dated March 25, 1942 and assigns errors 
on the following grounds to-wit: 

"1. For that the Commission refused to make the Atlantic Gas Corpora- 
tion a party, since it appears that the Atlantic Gas Corporation holds all the 
First Mortgage Bonds on the property of the petitioner. 

"2. For that the Commission did not hold that the property of the Peti- 
tioner was subject to the payment of the claim of the Citizens of Henderson 
for the reasonable value of the Gas consuming equipment, purchased by 
these consumers. 

"3. For that the Commission did not hold that the First Mortgage Bonds 
of the petitioner were issued subject to the Franchise Contract obligations 
of the Petitioner under the Franchise granted by the City of Henderson, 
and that they were held by the Atlantic Gas Corporation subject to the 
duties and liabilities of the Franchise Contract. 

"4. For that the Commission did not require the petitioner as the legis- 
lative and administrative agency of the State, charged with the duty of 
requiring Public Service Corporations to perform their duties to the citizens 
of Henderson, be required to reimburse the petitioner for the loss they 
will sustain by having to discontinue the use of their gas appliances, as 
a condition precedent to discontinuing gas service in the City of Henderson. 

"5. For that the Commission did not hold that the Citizens of the City 
of Henderson were the real parties in interest, and that they had a valid 
claim against the petitioners for the reasonable value of their discarded 
equipment and that such claim was prior in dignity to the lien of the 
Atlantic Gas Corporation under the First Mortgage Bonds held by it. 

"6. For that if the Commission permits the Petitioner to dismantle and 
remove its property from the jurisdiction of the Commission and the courts 
of the State of North Carolina, without satisfying to the limit of the 
value of its property, the Franchise Obligations to the Citizens of Hender- 
son, assumed by it under the Franchise granted by the City of Henderson 
under which it operated, the citizens will be without remedy. 

"7. For that the Commission by allowing the Petitioner to discontinue 
service without an Order requiring the Petitioner to satisfy the claims of 
the citizens of Henderson may thereby relieve the petitioner from liability 
to said citizens. 



Decisions and Adjustments of Complaints 79 

"THE CITY OF HENDERSON CITES THE FOLLOWING AS 
AUTHORITY FOR THE POSITION HERE TAKEN: 

"C. S. 1112 (f) from Chapter 134 Public Laws of 1933. 

Munn V. People of Illinois 
94 U. S. 113. 

Where the duties of Public Service Corporation were first defined in America. 

. Gorrell v. Water Supply Co. 

124 N. C. 328. 

Fisher v. Greensboro Water Supply Co. 

128 N. C. 375. 

Morton v. Washington Light & Water Co. 

168 N. C. 582. 

Where our court held that the citizens were the real parties in interest, 
and could assert their individual rights to have the obligations of a Public 
Service Company performed. Our court sustained the Corporation Com- 
mission in: 

Selma Connection Case 
137 N. C. 1. 

Holding that it was the duty of a Public Service Corporation to the Public 
to perform a necessary service at a loss. 

"We respectfully submit that the principle decided in these cases will 
control here, and that the property of the petitioner can be subjected in 
the courts to the claims of the citizens of Henderson for the losses sustained 
by them by the failure of the Petitioner to perform its contract with them, 
and that this Commission as the administrative agent of the State has 
the duty to declare the liability of the petitioner to the citizens, the amount 
to be judicially determined." 

The above exceptions are but a reiteration of contentions set forth in the 
City's answer to the petition of the said Henderson and Oxford Gas Com- 
pany and stated orally at the hearing. After careful consideration to the 
"reasons" and the citations presented in the exceptions and the laws govern- 
ing the points at issue, the Commission is of the opinion that there is nothing 
in the exceptions to sustain them and that they should be denied and over- 
ruled, and accordingly the said 

Exceptions are hereby denied and overruled. 

This the 4th day of April, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G, Johnson, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Docket No. 2547. 



80 N. C. Utilities Commission 

PETITION OF THE NORTH CAROLINA GAS CORPORATION FOR 
APPROVAL OF PURCHAS'E OF THE ASSETS OF THE NORTH CARO- 
LINA GAS COMPANY. 

Order 

Whereas, on petition of Michael Rapp, Emil Rapp, Phillip J. Termini 
and Joseph A. Termini, partners doing business as Termini and Company, 
on behalf of themselves and all other creditors, Judge Herbert Olive of 
the Superior Court of the State of North Carolina, placed the North Caro- 
lina Gas Company in permanent receivership on September 17, 1940, and 

Whereas, Judge Zeb V. Nettles, holding the courts of the Twelfth 
Judicial District of North Carolina, on October 29, 1940 ordered the sale 
of the property of the North Carolina Gas Company, and 

Whereas, Judge Frank M. Armstrong, holding the Superior Court of 
the Twelfth Judicial District of North Carolina, confirmed said sale on 
November 25, 1940, to the North Carolina Gas Corporation, a new corpora- 
tion formed for the purpose of purchasing said assets, and 

Whereas, the said North Carolina Gas Corporation has petitioned this 
Commission, under Chapter 455, Public Laws of 1931 and other statutes 
under which this Commission directs the regulation of public utilities, for 
authority to acquire said assets as approved by the Court. Now, therefore, 
this Commission having investigated the petition and the acts of the court 
leading up to the formation of the corporation, it is 

Ordered, that the petition be granted and that the North Carolina 
Gas Corporation be and it is hereby authorized to operate the business of 
an artificial gas utility in the cities of Reidsville, Leaksville-Spray, Draper, 
Lexington and Thomasville, North Carolina. 

This the 10th day of December, 1940. 

Stanley Winborne, Co7)tmissioner. 

By Order of the Commissioner: 
R. O. Self, Chief Clerk. 

Docket No. 2141. 

PETITION OF THE NORTH CAROLINA GAS CORPORATION AND 
THE ELIZABETH AND SUBURBAN GAS COMPANY FOR A 10 
PER CENT INCREASE IN ALL RATE SCHEDULES. 

Order 

This case comes before the Commission on the joint petition of the North 
Carolina Gas Corporation and the Elizabeth and Suburban Gas Company 
for authority to increase their respective rate schedules by a fiat surcharge 
of 10 per cent on meter readings on and after July 1, 1942. 

The petitioners were represented by J. Henry LeRoy, Attorney, and 
Charles M. Sturkey, N. Henry Gellert, N. H. Gellert, Jr., and H. A. Graul, 
Executives of the Companies. 

No one appeared in opposition. 

Publication by the petitioners in interested territory giving notice of 
application to this Commission for proposed increase in rates was evidenced 
by certified newspaper clippings. 



Decisions and Adjustments of Complaints 81 

Charles M. Sturkey, witness for the petitioners, testified to the increased 
cost of material and labor, contrasted for the same period a year ago. 
Witness also stated that the company had paid no interest on bonded 
indebtedness for the past seven years and that the accrued interest now 
amounted to $44,000.00. He also stated that the company was earning no 
return on its investment and in proof of this statement he referred to the 
financial statements filed with the petition. 

Upon a review of the testimony and an examination of the records filed 
with the petition and an examination of the Annual Reports of the petitioners 
on file with this Commission, the Commission believes that the request of 
the petitioners should be granted; and, it further appearing to the Com- 
misf^on that the rate increase proposed will not result in an unreasonable 
charge, therefore 

It is ordered: That effective on meter readings on and after July 1, 1942, 
all rate schedules of the North Carolina Gas Corporation and all rate 
schedules of the Elizabeth and Suburban Gas Company shall be increased 
by a fiat surcharge of 10 per cent. 

It is further ordered: That the North Carolina Gas Corporation and 
the Elizabeth and Suburban Gas Company shall reissue, effective on meter 
readings on and after July 1, 1942, their respective schedules, now in effect, 
after such schedules have been amended by the addition of the following 
provision: Surcharge — Charges produced by the rates set forth above shall 
be increased by a surcharge of 10 per cent. 

This the 25th day of June, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. 0. Self, Chief Clerk. 

Docket No. 2676. 



PIEDMONT GAS COMPANY. DISCONTINUANCE OF DISCOUNT 
PROVISION IN RATE SCHEDULES. 

In this case the petitioner. Piedmont Gas Company, serving Hickory, 
Lenoir, Newton, Granite Falls and Conover, asks that the Company be 
allowed to discontinue the discount allowed for payment of bill by 10th of 
the month. 

The petitioner was represented by J. D. Barnes, Vice-President of the 
Company, and Philip Menzies, Secretary and Treasurer of the Company. 
No one appeared in opposition, however, the Commission had received three 
letters protesting the discontinuance of the discount proposal. 

Mr. Menzies presented testimony supported by documentary figures, 
showing that gas oil had increased 5.5<i' per gallon during the month of 
March, 1941, to 9.52^' per gallon as of July, 1942. It was also shown that 
the cost of generating coal for the same period had increased from $4.95 
per ton to $5.40 per ton; that boiler coal, for the same period, had increased 
55^' per ton. These increases, in addition to labor cost, gave, according to 
testimony, a per annum increase amounting to $9,683.00. The discontinuance 



82 N. C. Utilities Commission 

of the discount proposed, the witness estimated, would amount to a $4,800 
saving to the company. 

The net operating income of the company as of December 31, 1942, was 
given, in statement filed, as $6,014.32, which on the book value of the 
company's property, less its depreciation reserve, gave a return of 2.5% 
on investment. 

In view of the testimony and an analysis of the data filed, the Com- 
mission is of the opinion that the Company should be allowed to discontinue 
the discount provision now extant in schedules of the Company in order to 
protect its integrity and to assure the communities served continued gas 
service; therefore 

It is ordered: That the Piedmont Gas Company is hereby authorized to 
discontinue the discount provision now a part of its rate schedules on and 
after the effective date of this order. 

This the 15th day of July, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

Attest: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 2703. 



PETITION OF PUBLIC SERVICE COMPANY OF NORTH CAROLINA, 
INC., TO INCORPORATE FUEL CLAUSE IN RATE SCHEDULES 
NO. 1. 

Order 

This case comes before the Commission on the petition of the Public 
Service Company of North Carolina, Inc., to include in its rate schedules 
No. 1 a fuel clause. 

Mr. C. B. Zeigler represented the petitioner. 

There was no opposition. 

It was pointed out in the petition and in the testimony by C. B. Zeigler, 
President of the Company, that since the establishment of the rates of 
the Company in 1941 there has been a substantial increase in the cost 
of both steam coal and gas coal and in the cost of gas oil; and that 
unless an increase in rates is granted or a fuel clause authorized the 
Company cannot meet its operating cost. 

Witness also presented financial statements showing decreased net operat- 
ing income which gave substantial support to the need for the remedy 
sought. 

After giving careful consideration to the testimony of the witness and 
to the data submitted, the Commission is of the opinion that the incorpora- 
tion of the surcharge fuel clause in the Company's rate schedules No. 1 
should be allowed, therefore 

It is ordered: That the Public Service Company of North Carolina, Inc., 
is hereby authorized to include in its No. 1 rate schedules the following 
fuel surcharge, effective on bills rendered on and after August 1, 1942: 
"This fuel surcharge applies on all bills rendered under Rate Schedules 



Decisions and Adjustments of Complaints 83 

No. 1 in all Divisions, including Concord, Dallas, Gastonia, Kannapolis and 
Statesville. The amount of surcharge to be added to the cost of each 1000 
cubic feet of gas sold each month shall be at the rate of one cent (14) 
for each thirty cents (30^') increase in the delivered cost of coal to the 
Company's plants over the base price of five dollars and fifty cents ($5.50) 
per ton; plus one cent (1^*) for each four mills (.4^) increase in the 
delivered cost of gas oil to the Company's plants, over the base price of 
six cents (64) per gallon." 



This the 14th day of July, 1942. 



Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2704. 



Stanley Winborne, Chairman 
Fred C. Hunter, Cornmissioner 
R. G. Johnson, Commissioner. 



Elizabeth and Suburban Gas Company to the Commission. Commercial and 
Industrial Rate for Elizabeth City. Approved. Closed. Docket No. 2576. 



HOUSING AUTHORITY 

APPLICATION OF THE HOUSING AUTHORITY OF THE CITY OF 
ASHEVILLE TO THE NORTH CAROLINA UTILITIES COMMIS- 
SION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND 
NECESSITY AND FOR AUTHORITY TO EXERCISE THE RIGHT 
OF EMINENT DOMAIN. 

Order and Certificate 

This matter came on for hearing before the North Carolina Utilities 
Commission on this 30th day of August, 1941, pursuant to notice duly 
published, and being heard on the application of the Housing Authority 
of the City of Asheville for approval of the Asheville, North Carolina, Hous- 
ing Project designated as Project NC 7-1, 7-2, and for the issuing and 
granting of a Certificate of Public Convenience and Necessity for said 
Project, and for the authority to exercise the right of Eminent Domain 
when required by said Authority in the acquirement of property to be 
used in the development of the housing project of said city; and after 
hearing and considering the entire matter and considering the verified appli- 
cation, together with the records and several exhibits filed and presented 
therewith, and after hearing oral testimony presented, and after investigat- 
ing and examining said matter and records and facts, and after giving 
due consideration to the same, and after giving due consideration to 
the law, the North Carolina Utilities Commission finds, concludes, deter- 
mines and orders as follows: 

Findings of Fact : 

1. That prior to the creation and organization of the Housing Authority 
of the City of Asheville, the governing body of said City, being the City 
Council thereof, being interested in ascertaining the true facts concerning 
housing conditions actually existing in said City, made application to the 



84 N. C. Utilities Commission 

North Carolina State Planning Board to sponsor a Real Property Survey 
and a Low Income Housing Survey within said City; said Real Property 
Survey and said Low Income Housing Survey were undertaken under the 
joint auspices of the City of Asheville and the North Carolina State Plan- 
ning Board and were conducted by the North Carolina Works Project 
Administration. Said surveys were carried out by a large staff of trained 
workers who conducted extensive field work, and the results of said surveys 
were embodied in a printed and published report. Said surveys reveal that 
there existed within the City of Asheville insanitary, unsafe and unwhole- 
some housing conditions, particularly for persons of low income; the report 
of said Low Income Housing Survey further stated that: "The establish- 
ment of a Housing Authority for the City of Asheville is the first step 
towards the eventual elimination of some of the worst slum sections." 

2. Thereafter and on the 18th day of April, 1940, more than fifty resi- 
dents of the City of Asheville filed a petition with the Clerk of said City 
of Asheville setting forth that there was a need for a Housing Authority 
to function in said city and in the surrounding area, which petition was 
filed in full accordance with Section 6243(4) of the Housing Authorities 
Law of North Carolina of 1935. 

3. That upon the filing of said petition the Clerk of the City of Asheville, 
as required by said Housing Authorities Law referred to above, gave notice 
of the time, place and purpose of a public hearing, at which the governing 
body of the City of Asheville, namely the City Council of said City, would 
determine whether or not there existed the need for a Housing Authority 
to function in said city and surrounding area, which notice was duly pub- 
lished as required by law. 

4. That the date fixed for said hearing was the second day of May, 
1940, and the place, the Council Chambers in the City Hall of the City 
of Asheville, North Carolina; that at said time and place a large number 
of interested citizens and taxpayers of said city assembled and they and all 
other interested persons were given an opportunity to be fully heard; that 
at said meeting and hearing many persons were heard and there was full, 
free and extensive discussion of a proposed housing program for the City 
of Asheville. 

5. That following said public hearing, and on the 30th day of May, 
1940, the City Council of the City of Asheville, at a regular meeting duly 
called and held, unanimously adopted and passed a resolution which deter- 
mined, among other things, as follows: "1. That they do find as a fact 
that insanitary and unsafe inhabited dwelling accommodations exist in the 
City of Asheville and the surrounding area, as set forth in Section 4 of 
Chapter 456 of the Public Laws of North Carolina of 1935. 2. Be it 
resolved that Honorable Holmes Bryson, Mayor of the City of Asheville, is 
hereby officially notified of such conditions and of the passage of this 
resolution, and is hereby respectfully requested to proceed according to law, 
namely, to name five Commissioners to act as the said Housing Authority." 

6. That in compliance with the law, the Mayor of the City of Asheville 
appointed five persons to act as the Commissioners of said Housing Author- 
ity of the City of Asheville. 



Decisions and Adjustments of Complaints 85 

7. That the Housing- Authority of the City of Asheville, after being 
duly created and organized, entered upon its duties, making careful surveys, 
analysis, and study of the housing conditions actually existing within the 
City of Asheville, both for white people and for Negroes, said Commis- 
sioners studying particularly the report of the Real Property Survey and 
of the Low Income Housing Survey which had theretofore been published, 
and said Commissioners making further investigation upon their own part. 
The surveys and studies of the Commissioners disclosed that there existed 
a large number of insanitary, unfit and unsafe inhabited dwellings within 
the City of Asheville, many of them occupied by families whose annual 
incomes were too low to allow them to ,pay a rental sufficient to justify 
private interprise to erect decent, sanitary and wholesome houses for rent 
to such families. 

8. That in connection with its work, the Housing Authority of the City 
of Asheville has had the full cooperation of the officials, agencies and rep- 
resentatives of the City of Asheville. That the said Housing Authority of 
the City of Asheville and said City of Asheville have entered into a Cooper- 
ation Agreement, setting forth the aid and assistance which will be rendered 
by the City of Asheville to the said Housing Authority. 

9. That with the approval of the United States Housing Authority, the 
applicant, the Housing Authority of the City of Asheville, has selected two 
sites for the construction of housing projects for families of low income, 
one site for white persons and one site for Negroes. 

10. That the United States Housing Authority has entered into a Loan 
Agreement and an Annual Contribution Agreement by the terms of which 
the said United States Housing Authority has agreed to advance and make 
available by loans to the Housing Authority of the City of Asheville the 
sum of $627,300.00, being 90% of the proposed development cost, and the 
remaining 10% is to be provided by the applicant by advertised sale of 
bonds to private investors, making a total of $697,000.00 to be available for 
the construction of said proposed Housing Project. 

Findings of Law 

1. That the Housing Authority of the City of Asheville is a municipal 
corporation, duly chartered and organized under the North Carolina 
Housing Authorities Law, being Chapter 456 of the Public Laws of North 
Carolina of 1935. 

2. That the North Carolina Housing Authorities Law of 1935 finds and 
declares the need for improving housing conditions and facilities for persons 
of low income within this State, and declares the necessity of creating 
Housing Authorities to engage in slum clearance and projects to provide 
dwelling accommodations for persons of low income. 

3. That although a Housing Authority in North Carolina is given broad 
powers to meet the housing needs of persons of low income, including the 
right and power of Eminent Domain, the right of Eminent Domain is not 
to be exercised unless and until a Certificate of Public Convenience and 
Necessity for such housing project has been issued by the Utilities Com- 
mission of North Carolina. (Section 28, North Carolina Housing Authorities 
Law.) 



86 N. C. Utilities Commission 

Conclusions 

Upon and after considering the application filed herein, the exhibits, 
and the law, and upon investigating and examining the housing project 
of the Housing Authority of the City of Asheville, as disclosed by said 
application and exhibits, it is decided and determined that a Certificate 
of Public Convenience and Necessity should issue for such project and that 
the Housing Authority of the City of Asheville should be authorized to 
exercise the right and power of Eminent Domain. 

Now, THEREFORE, IT IS ORDERED AND CERTIFIED: 

1. That the North Carolina Utilities Commission hereby approves the 
Housing Project of the Housing Authority of the City of Asheville. 

2. That the Housing Authority of the City of Asheville is entitled to a 
Certificate of Public Convenience and Necessity for its Housing Project, 
and that there is hereby issued such a certificate to said Authority for 
such project. 

3. That the said Housing Authority of the City of Asheville is hereby 
authorized to exercise the right and power of Eminent Domain in connec- 
tion with said housing project. 

4. That said Housing Authority of the City of Asheville is hereby 
authorized to proceed and to continue with its said project and to do all 
things necessary and lawful in connection therewith. 

August 30, 1941. 

THE NORTH CAROLINA UTILITIES 
COMMISSION BY: 

Stanley Winborne, Chairman 
Harry Tucker, Commissioner 
Fred C. Hunter, Commissioner. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2361. 



APPLICATION OF THE CITY OF BURLINGTON, NORTH CAROLINA, 
FOR APPROVAL OF PLANS TO ACQUIRE NECESSARY ADDI- 
TIONAL LAND UPON WHICH TO CONSTRUCT EXTENSIONS 
AND IMPROVEMENTS TO THE CITY OF BURLINGTON AIRPORT 
AND FOR A CERTIFICATE OF CONVENIENCE AND NECESSITY 
FOR FEDERAL WORKS AGENCY PROJECT NO. 15109 AND FOR 
AUTHORITY TO EXERCISE THE RIGHT OF EMINENT DOMAIN 
FOR THE PURPOSES AFORESAID. 

Order 

This cause comes before the Commission upon the verified petition of 
the City of Burlington, North Carolina, for a certificate of public conven- 
ience and necessity, pursuant to the provisions of Chapter 470 of the 
Public Laws of 1935, for extension and improvement of the airport facilities 
of the City of Burlington and for authority to exercise the right of eminent 
domain in acquiring and perfecting title to approximately one hundred acres 
of land necessary for said extension and improvement. Said petition was 



Decisions and Adjustments of Complaints 87 

filed on the 6th day of May, 1942, and, after due notice published in the 
Burlington Daily Times-News, came on for hearing before the Commission 
on the 18th day of May, 1942. 

The petitioner exhibited to the Commission: 

1. A certified copy of the resolution of the Board of Aldermen of the 
City of Burlington, adopted April 8, 1942, setting out the need for enlarged 
airport facilities and the necessity for the acquisition of certain land belong- 
ing to V. M, Windham, Hoskins and Davis, W. C. Engle, Pete Kirkpatrick, 
L. T. Carter, Ben May, C. N. Clark, George Keck, Alton Graves, E. C. Engle, 
R. R. Sharpe, Orpha Kellam, J. F. Thompson, B. A. Clapp and T. H. Lloyd, 
and authorizing and directing the Mayor and City Attorney of the City 
of Burlington to file the petition herein and to do all things requisite and 
proper to effectuate the condemnation of said lands for the purpose afore- 
said. 

2. A certificate of Air Navigation Facility Necessity No. 851, issued by 
the Department of Commerce, Washington, D. C, dated June 20, 1941, 
approving said project. 

3. A letter of approval by Federal Works Agency, dated February 26, 
1942, granting Federal aid in the sum of $141,962.00. 

4. A letter of approval by the Civil Aeronautics Authority, dated April 
23, 1942. 

5. A plat of the present airport property and the proposed extension, 
showing the existing and proposed runways, the locations, acreage and 
metes and bounds of the lands to be acquired, and the names of the owners 
thereof. Said plat was prepared by A. C. Linberg, Consulting Engineer, 
and designated as "Burlington Airport, Burlington, N. C, Property Map, 
Drawing No. 779-A," which said plot is recorded in the Office of the Register 
of Deeds of Alamance County, to which reference is hereby made. 

Upon consideration of said exhibits, copies of which are on file with the 
Commission, and upon representations made by the petitioner through its 
Mayor, Earl B. Horner, and its attorney, Thomas D. Cooper, there being 
no objections or protests filed, the Commission is of the opinion and finds: 

1. That the present airport facilities of the City of Burlington are insuf- 
ficient to meet the needs and demands for air service under conditions now 
existing and are inadequate to meet the requirements of the United States 
Department of Commerce, the Civil Aeronautics Authority and the War 
Department, as a modern airport. 

2. That the proposed extension and improvement of said Airport, as 
set out in the petition filed in this cause, is a project within the purview 
of Chapter 470 of the Public Laws of 1935. 

3. That public convenience and necessity has been shown by the petitioner 
for the proposed extension and improvement of said airport, and for author- 
ity to exercise the right of eminent domain in the acquisition of the several 
tracts of land particularly defined and described in the aforesaid plat. 

It is, therefore, ordered: 

That a certificate of public convenience and necessity be, and the same 
is hereby, granted to the City of Burlington, North Carolina, for the 
construction of the additions and making the improvements to its airport 



88 N. C. Utilities Commission 

described in the petition, and to that end it is hereby empowered to exercise 
the right of eminent domain for the acquisition of title to additional lands 
particularly described in the plat exhibited to the- Commission and recorded, 
as aforesaid, in the Office of the Register of Deeds of Alamance County, 
North Carolina. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This the 21st day of May, 1942. 



By Order of the Commission; 

R. 0. Self, Chief Cle'rk. 
Docket No. 2648. 



APPLICATION OF THE HOUSING AUTHORITY OF THE CITY OF 
CONCORD, NORTH CAROLINA, TO THE UTILITIES COMMISSION 
OF THE STATE OF NORTH CAROLINA FOR APPROVAL OF THE 
CONCORD, NORTH CAROLINA, HOUSING PROJECT, NO. N. C. 8-1, 
8-2, AND FOR THE AUTHORITY TO EXERCISE THE RIGHT OF 
EMINENT DOMAIN. 

Order 
By the Commission: 

This matter came on for hearing before the Utilities Commission of 
North Carolina, and being heard upon the application of the Housing 
Authority of the City of Concord, for approval of the Concord Housing 
Projects No. N. C. 8-1 and 8-2, and for the granting of a Certificate of 
Public Convenience and Necessity, and for the right to exercise eminent 
domain when required by said Authority in the acquirement of real prop- 
erty to be used in the development of the Housing Projects in said City; 
and after hearing and considering the entire matter and using the verified 
petition, together with the records and several exhibits attached thereto, 
and hearing the oral testimony taken at the hearing, and investigating and 
examining said records and facts, and after giving due consideration to 
the same, as well as the testimony offered, the Commission finds facts as 
follows : 

1. That prior to the creation and organization of the Housing Authority 
in the City of Concord the governing body of said City being interested 
in providing better housing conditions in said City and in determining the 
extent of slum conditions existing in said City, appointed a Citizens' Com- 
mittee for the purpose of making a survey of said City and a study of 
local housing conditions, insanitary and unsafe dwelling accommodations. 

2. Thereafter and prior to the coming in of the report of said Committee, 
more than fifty citizens of the City of Concord (being in excess of the 
number required under the terms of the Housing Authorities Act of 1935) 
filed their petition in writing with the governing body of said City and 
represented therein that there existed in Concord insanitary and unsafe 
dwelling accommodations and that there was a lack of sanitary and safe 
dwelling accommodations available to all of the inhabitants of the City and 
particularly persons of low income. 



Decisions and Adjustments of Complaints 89 

3. That the governing' body of said City, after giving public notice as 
required under the aforesaid Housing Authorities Act, duly called and 
held a public meeting, as required by said act, on October 10, 1940, which 
meeting was attended by a large number of citizens of said City and at 
which meeting the Citizens' Committee filed its report, and found and 
reported therein that there were insanitary and unsafe dwelling accommo- 
dations existing in Concord, resulting in overcrowding and congestion, and 
that there was a lack of sanitary and safe dwelling accommodations avail- 
able to all of the inhabitants of the City, and recommended that appropriate 
steps be taken to create a Housing Authority in said City. 

4. That the governing body of said City, after giving due consideration 
to said report, and after the public hearing aforesaid, and after the acquire- 
ment of information and facts satisfactory to said governing body, did by 
unanimous affirmative vote adopt a resolution finding the facts set forth 
in detail in Paragraph 5 of the petition filed in this cause, and pursuant 
to said findings of fact and after investigation by the Mayor of said City, 
as required by the Housing Authorities Act, the said Mayor duly appointed 
the five Commissioners set forth in said petition in Paragraph 6 thereof. 

5. Thereafter the Commissioners so appointed applied for and received 
a charter or certificate of incorporation from the Secretary of State of 
North Carolina, as authorized by said Housing Authorities Act; and there- 
after the said Housing Authority, duly created and organized, began the 
work for which it was chartered and created and caused to be made a 
survey and study of housing conditions in Concord, North Carolina, and 
from such study and survey found that there existed in said City insanitary 
and unsafe dwelling accommodations and that there was a lack of sanitary 
and safe dwelling accommodations available to all of the inhabitants of 
the said City and particularly persons of low income. And upon such findings 
the said Authority has selected a site for the establishment of improved 
and better housing conditions for the white race, said site consisting of 
approximately one city block, in the Northern section of the City of Con- 
cord, and the location thereof being more particularly defined and described 
upon the map or blueprint thereof attached to the petition and which has 
been examined by the Commission; and the said Authority also has selected 
a site upon which it is engaged in providing better and more sanitary living 
conditions for the colored race, and said site consists of approximately one 
city block, located in the Southern section of said City, and more particularly 
shown upon the map or blueprint thereof attached to the petition and which 
has been examined by the Commission. 

6. That upon the finding of the situation as hereinbefore recited and 
the governing body of the City of Concord being desirous of said conditions 
being improved and eliminated so far as possible by the development of 
the housing projects hereinbefore referred to, the said governing body 
cooperated with the said Authority in the steps being taken for the develop- 
ment of said projects, and has also entered into a Cooperation Agreement 
with said Authority, in accordance with the suggestions made by the United 
States Housing Authority and in the manner provided by it; and that the 
United States Housing Authority has at all times cooperated with the 
Housing Authority of the City of Concord and has, from time to time, 
provided aid and approved the acts and things done by said Local Authority 



90 N. C. Utilities Commission 

and has rendered valuable assistance to the Local Authority in the better 
working out of the plans for the elimination of the insanitary and unsafe 
dwelling conditions, and contributed toward providing more suitable and 
sanitary dwelling accommodations for persons of low income in said City. 

7. That the facts found by the Housing Authority of the City of Concord 
have been found after considerable and extensive study and after obtaining 
the basic information as a result of a general and specific survey of existing 
conditions in said City, and the development and completion of the plans 
of the Housing Authority of the City of Concord will insure to the benefit 
of all the citizens of said City. 

8. That the Housing Authority of the City of Concord has entered into 
a Loan Contract with the United States Housing Authority, wherein and 
whereby, among other things, the United States Housing Authority will, 
from time to time, make advance loans to the Housing Authority of the 
City of Concord as a capital advance to provide the desired and proposed 
facilities, and thereafter the said United States Housing Authority will 
purchase or cause to be purchased or provide a market for bonds of the 
Housing Authority of the City of Concord in an amount equal to ninety 
(90%) per cent of the improvement costs as well as the purchase of the 
lands for the sites hereinbefore referred to, and that the Housing Authority 
of the City of Concord will, when required in accordance with the Said Loan 
Contract, which is attached to the petition and which has been examined by 
the Commission, sell and dispose of bonds equal to ten per cent (10%) of 
said costs, and, therefore, the essential capital to provide for the costs and 
development of the sites and projects can and will thereby be provided. 

9. The Commission also finds from an examination of the Contributions 
Contract entered into between the United States Housing Authority and the 
Housing Authority of the City of Concord that the Housing Authority of 
the City of Concord is eligible to receive from the United States Housing 
Authority annual contributions equal to three and one-half (3^/^%) per cent 
of the cost of said projects, as set forth in said Loan Contract, and the 
cost thereof as determined in said Loan Contract, and that thereby a fund 
will be accumulated which will enable the Housing Authority of the City 
of Concord to pay and retire the bonds issued by it for which a market was 
not provided by the United States Housing Authority; and that the United 
States Housing Authority, under the terms of the agreement aforesaid, 
permits said fund to accumulate for the aforesaid purpose over a period of 
fifteen (15) years and defers the collection of the remaining bonds during 
said period; and that the bonds will be amortized over a period of sixty 
(60) years, with maturities and in the manner as determined by the afore- 
said contract. 

10. That the need for the completion of the sites, projects and plans 
herein referred to and more particularly shown by the several exhibits 
before the Commission and hereinbefore referred to, is effectively shown 
and illustrated by a comparison and study of the existing conditions, includ- 
ing the photographs submitted to the Commission, with those to be provided 
by said development. 

11. That the prosecution and completion of said projects in the City of 
Concord will not compete with any public service corporation and will not 
have any adverse effect upon any public utility or public service corpora- 



Decisions and Adjustments of Complaints 91 

tion, and on the contrary, the development for use by the citizens of 
Concord of approximately ninety-two (92) new, sanitary and improved 
dwelling units will provide a larger market and outlet for the sale of gas 
and electricity in said City. 

It is now, therefore, ordered: 

1. That pursuant to the powers granted to the Commission under Chapter 
456 of the Public Laws of 1935, and particularly under the provisions of 
Section 28 of said Act, as well as under all other powers vested in said 
Commission, the Commission, after having made a full investigation of all 
matters involved herein, as authorized by the authority above recited, and 
after finding the facts hereinbefore recited, hereby approves the Housing 
Project or Projects now being developed by the Housing Authority of the 
City of Concord, including both of the sites constituting said Project or 
Projects now being developed, as well as the plans for the improvements 
thereon. 

2. That the Housing Authority of the City of Concord is entitled to and 
is hereby granted a Certificate of Public Convenience and Necessity. 

3. That the Housing Authority of the City of Concord is hereby author- 
ized and empowered to exercise the right and power of eminent domain, 
from time to time, as and when in the judgment of said Housing Authority 
the right of eminent domain and the exercise thereof in the acquirement of 
sites and properties necessary and desirable in the development of said 
Projects, is necessary. 

4. That the Housing Authority of the City of Concord is authorized and 
empowered to continue the development of its plans and to provide better 
housing accommodations as contemplated by it and to take such ^teps 
as may be necessary, desirable or expedient in the prosecution and com- 
pletion of said purposes, plans and projects, and to take such steps and 
complete said work with reasonable promptness and as early as may be 
expedient in the interest of and for the purpose of eliminating insanitary 
and unsafe dwelling accommodations and for the purpose of providing 
better facilities and housing conditions for persons of low income in the 
City of Concord, North Carolina. 

This 23rd day of October, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 

By Order of the Commission, the date and year above written: 

R. O. Self, Chief Cle'rk. 
Docket No. 2414. 



92 N. C. Utilities Commission 

APPLICATION OF THE EASTERN CAROLINA REGIONAL HOUSING 
AUTHORITY WITH ITS PRINCIPAL OFFICE AT CLINTON, NORTH 
CAROLINA, TO THE UTILITIES COMMISSION OF THE STATE 
OF NORTH CAROLINA FOR THE APPROVAL OF SLUM CLEAR- 
ANCE PROJECTS IN THE RURAL AREAS AND IN TOWNS OF 
LESS THAN FIVE THOUSAND POPULATION IN THE COUNTIES 
EMBRACED IN THE EASTERN CAROLINA REGIONAL HOUSING 
AUTHORITY, AND FOR AUTHORITY TO EXERCISE THE RIGHT 
OF EMINENT DOMAIN AND FOR A CERTIFICATE FOR PUBLIC 
CONVENIENCE AND NECESSITY. 

Order 

This matter came on for hearing before the Utilities Commission of 
North Carolina on Tuesday, September 23, 1941, at 10:00 a. m. and being 
heard on the application of the Eastern Carolina Regional Housing Author- 
ity for the issuing and granting of a Certificate of Public Convenience and 
Necessity for the low income housing projects to be carried on by said 
Authority and for the Authority to exercise the Right of Eminent Domain 
when required by said Authority in the acquirement of property to be 
used in the development of the Housing projects within the territory 
embraced in the Eastern Carolina Regional Housing Authority; and after 
hearing and considering the entire matter and considering the records and 
several exhibits filed and presented therewith, and after hearing oral testi- 
mony taken at the hearing, and after investigating and examining the 
matter and records and facts, and having given due consideration to the 
law, the Commission finds, concludes, determines, and orders as follows: 

Findings of Facts 

1. That the General Assembly of North Carolina of 1941 enacted amend- 
ments to the Housing Authorities Law of North Carolina providing for the 
creation of Regional Housing Authorities composed of contiguous counties 
having a total population of more than 60,000 inhabitants and in said amend- 
ments was prescribed the machinery for establishing said Regional Housing 
Authorities in North Carolina and declaring among other things that there 
was a need for better housing conditions in the Rural areas of North 
Carolina and in towns of less than 5,000 population. 

2. That prior to the creation and organization of the Eastern Carolina 
Regional Housing Authority by the Boards of County Commissioners in 
the several counties composing the said Housing Authority, the citizens 
of said counties were aware of the fact that unsafe and unsanitary dwelling 
conditions, particularly for persons of low income, existed, and there was 
need for establishing a Regional Housing Authority to provide better living 
conditions for persons of low income in towns of less than 5,000 population 
and for farmers of low income. 

3. That pursuant to the provisions of said Housing Authority Law, the 
Boards of County Commissioners in the counties of Harnett, Sampson, 
Jones, Carteret, Onslow, Bladen, Duplin, Pamlico, Craven, Pender and 
Johnston each passed a resolution declaring that unsanitary and unsafe 
inhabited dwelling conditions existed in said counties; that there was also 
a lack of safe and sanitary dwelling conditions available for all the inhab- 
itants of said counties, and there was a need for a Regional Housing 



Decisions and Adjustments of Complaints 93 

Authority to function in said counties; and the Chairman of said Boards 
of County Commissioners were directed to file in the office of the Clerk of 
the Boards of County Commissioners of said counties the necessary certi- 
ficate evidencing the appointment of a commissioner pursuant to the Housing 
Authority law as amended and said resolution contained all of the requisites 
of the Housing Authority Law as amended and the commissioners directed 
to associate themselves with commissioners similarly appointed in con- 
tiguous counties in accordance with said law. 

4. That said counties before named are contiguous counties and have a 
total population in excess of 60,000 inhabitants. 

5. That after said commissioners were appointed they held a meeting on 
August 9, 1941, at 8:00 p. m. in New Bern, North Carolina, for the pur- 
poses of organizing the Eastern Carolina Regional Housing Authority; 
at said meeting all commissioners were present and took the prescribed oath, 
and the necessary steps to perfect their organization. 

6. A written application for a certificate of incorporation was duly made 
by said Authority to the Secretary of State according to the provisions of 
Chapter number 78 of the Public Laws of North Carolina for 1941, and a 
certificate of charter was duly issued by the said Secretary of State of 
North Carolina on April 15, 1941 in compliance with the foregoing and 
in strict accordance with the Housing Authority Act as amended; which 
said charter was accepted and adopted at a later meeting of said Housing 
Authority. 

7. That said Authority filed an application for financial assistance from 
the United States Housing Authority for the purpose of securing funds 
to carry on said low income housing projects. Said application was accepted 
and approved by the United States Housing Authority and loan contracts 
and annual contribution contracts have been executed by the United States 
Housing Authority and the Eastern Carolina Regional Housing Authority. 

8. That all steps necessary have been taken by the Eastern Carolina 
Regional Housing Authority as prescribed by the North Carolina Housing 
Authority Law as amended. 

9. That the Eastern Carolina Regional Housing Authority filed an appli- 
cation with the State Utilities Commission for a Certificate of Public Con- 
venience and Necessity and after due notice, published in the News and 
Observer, a newspaper having a general circulation in the counties com- 
posing the said Regional Authority, this hearing was held, and no person 
appeared in opposition to the application and the applicant offered in 
evidence an affidavit of publication showing that notice was duly made. 

10. That in connection with its work the Eastern Carolina Regional 
Housing Authority has the full cooperation of county officials in the various 
counties in said authority. 

11. That the United States Housing Authority earmarked the sum of 
$1,050,000.00 to start the work of providing better housing conditions for 
farmers of loM income and inhabitants of towns of less than 5,000 popula- 
tion, and it can be expected that additional funds will be furnished the said 
Regional Housing Authority from time to time to carry on its work. 

Findings of Law 

1. The Eastern Carolina Regional Housing Authority with its principal 
office at Clinton, North Carolina, is a municipal corporation duly chartered 



94 N. C. Utilities Commission 

and organized under the North Carolina Housing Authorities Act as the 
amendments thereto. 

2. Said North Carolina Housing Authorities Act as amended through 
1941 finds and declares the need for improving housing conditions and facil- 
ities for persons of low income living in towns of less than 5,000 population 
and for low income farmers. 

3. The law provides for public subsidy and financial assistance for housing 
projects for persons of low income. 

4. That although a Housing Authority in North Carolina is given broad 
powers to meet the Housing needs for persons of low income including the 
right and power of Eminent Domain, the Right of Eminent Domain is not 
to be exercised unless and until a Certificate of Public Convenience and 
Necessity for such projects has been issued by the Utilities Commission of 
North Carolina. 

Conclusions 

1. Relying upon the statements made by the applicant and the inter- 
pretation of the North Carolina Housing Authorities Law as amended, the 
municipalities and counties are not liable or responsible for any bonds issued 
or debts created by the Eastern Carolina Regional Housing Authority and 
upon and after considering the application filed herein together with the 
exhibits, oral testimony, and the law, and upon investigating and examining 
the need to provide better living conditions for farmers of low income and 
persons of low income living in towns of less than 5,000 population, it is 
decided and determined that a Certificate of Public Convenience and Neces- 
sity should issue for such projects and that the Eastern Carolina Regional 
Housing Authority should be authorized to exercise the right and power of 
eminent domain. 

Now, THEREFORE, IT IS ORDERED AND CERTIFIED: 

1. That the Utilities Commission of North Carolina hereby approves 
the Housing Projects of the Eastern Carolina Regional Housing Authority 
with its principal office at Clinton, North Carolina. 

2. That the Eastern Carolina Regional Housing Authority is entitled to 
a Certificate of Public Convenience and Necessity, and that there is hereby 
issued such certificate to said Authority and such projects as are contem- 
plated under the North Carolina Housing Authorities Law with the amend- 
ments thereto. 

3. That said Authority is hereby authorized to exercise the right and 
power of eminent domain in connection with its projects now being under- 
taken or which may hereafter be undertaken. 

4. That said Authority is hereby authorized to proceed and continue 
with its work and to do all things necessary in connection therewith. 

UTILITIES COMMISSION OF NORTH CAROLINA 
Stanley Winborne, Chairman 
Fred C. Hunter, CoviTnissioner 
Harry Tucker, Commissioner. 

Done at Raleigh, N. C, this the 8th day of October, 1941. 
By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2377. 



Decisions and Adjustments of Complaints 95 

APPLICATION OF THE HOUSING AUTHORITY OF THE CITY OF 
FAYETTEVILLE, NORTH CAROLINA, TO THE NORTH CAROLINA 
UTILITIES COMMISSION FOR A CERTIFICATE OF PUBLIC 
CONVENIENCE AND NECESSITY AND FOR AUTHORITY TO 
EXERCISE THE RIGHT OF EMINENT DOMAIN. 

Order and Certificate 

This matter came on for hearing before the North Carolina Utilities 
Commission on this the 22nd day of August, 1941, and being heard on 
the application and supplemental application of the Housing Authority 
of the City of Fayetteville, North Carolina, for approval of the Fayetteville, 
North Carolina, Housing Project, designated as Project No. N. C. 9-1 and 
9-2, and for the issuing and granting of a Certificate of Public Convenience 
and Necessity for said project or projects, and for the authority to exercise 
the right of eminent domain when required by said Authority in the acquire- 
ment of property to be used in the development of the housing project or 
projects in said City, and after hearing and considering the application and 
supplemental application, together with the record and the several exhibits 
filed and presented therewith, and after investigating and examining the 
entire matter and ascertaining facts and giving due consideration to the 
same, and to the law applicable thereto, the Commission finds, concludes, 
determines and orders as follows: 

Findings of Fact 

1. That prior to the creation and organization of the Housing Authority 
of the City of Fayetteville, the Governing Body of said City, being interested 
in providing better housing conditions in said City, and in determining 
the extent of slum conditions existing in said City, made a study of local 
housing conditions, with special consideration to housing conditions prevail- 
ing among families of low income. 

2. That on the 19th day of August, 1940, more than twenty-five residents 
of the City of Fayetteville filed a petition with the Clerk of the City of 
Fayetteville, setting forth that there was a need for a Housing Authority 
to function in the City of Fayetteville and the surrounding area, all accord- 
ing to the Housing Authorities Act of North Carolina of 1935. 

3. That upon the filing of said petition, the Clerk of the City of Fayette- 
ville gave due notice of the time, place and purpose of a public hearing, 
at which the Governing Body of the City of Fayetteville, namely, the Board 
of Aldermen of said City, would determine whether there existed the need 
for a Housing Authority in said City and surrounding area. 

4. That the date fixed for said hearing was the 4th day of September, 
1940, at eight o'clock P. M., and the place, the City Hall of the City of 
Fayetteville; that at said time and place a large number of residents 
and taxpayers of said City and surrounding area assembled, and they and 
all other interested persons were given an opportunity to be heard, and 
many were heard, relative to the proposed housing program, and all matters 
set forth in the notice of said public hearing, and there was full, free and 
extensive discussion of a proposed housing program with a three-fold 
purpose of slum clearance, low rent housing and proper long time plan- 
ning for the City of Fayetteville and the surrounding area. 



96 N. C. Utilities Commission 

5. That following said public hearing on the 4th day of September, 1940, 
the Board of Aldermen of the City of Fayetteville, being the Governing 
Body thereof, unanimously adopted and passed a. resolution wherein it was 
duly determined as follows: 

(1) Insanitary and unsafe inhabited dwelling accommodations exist 
in the City of Fayetteville, North Carolina; and 

(2) There is a lack of safe and sanitary dwelling accommodations in 
the City of Fayetteville, North Carolina, available for all the inhabitants 
thereof; and 

(3) There is need for a Housing Authority to function in the City 
of Fayetteville, North Carolina; and 

(4) A petition setting forth the need for a Housing Authority to 
function in the City of Fayetteville, North Carolina, has not been 
denied by the City Council thereof within three months of the date of 
the filing of the aforesaid petition; and 

(5) The Mayor of the City of Fayetteville, North Carolina, be 
promptly notified of the adoption of this resolution; and 

(6) The Mayor be and he hereby is directed to file in the office of 
the City Clerk of the City of Fayetteville, North Carolina, the neces- 
sary certificate evidencing the appointment of the Commissioners and 
designation of the first Chairman of the Housing Authority, pursuant 
to the "Housing Authorities Law" of the State of North Carolina; and 

(7) Said lack of safe and sanitary dwelling accommodations in the 
City of Fayetteville, North Carolina, available for all the inhabitants 
thereof, at rents which persons of low income can afford, compels such 
persons to occupy overcrowded and congested dwelling accommodations; 
that the aforesaid conditions cause an increase in and spread of disease 
and crime; that the clearance and reconstruction of the areas in which 
insanitary or unsafe housing conditions exist are public uses and pur- 
poses, and that it is in the public interest that work on such projects be 
instituted as soon as possible in order to relieve unemployment which 
now constitutes an emergency; that it is necessary to the immediate 
preservation of the public peace, health and safety that this resolution 
become effective without delay, and, therefore, the same shall take 
effect and be in force immediately upon its adoption. 

(8) The amelioration of the conditions enumerated above and the 
creation of a Housing Authority to carry out the purposes of the 
"Housing Authorities Law" are hereby declared to be a public purpose. 

6. That in compliance with the Housing Authorities Law, the Mayor of 
the City of Fayetteville appointed the Commissioners of the Housing 
Authority of the City of Fayetteville, whose names appear in the supple- 
mental application filed herein, to serve as Commissioners for the terms of 
office set forth therein. 

7. That the Housing Authority of the City of Fayetteville, after being 
duly created and organized, entered upon its duties, first making a careful 
survey, analysis and study of the housing conditions in the City of Fayette- 
ville, both for white people and for negroes, which survey disclosed a large 
number of insanitary, unfit and unsafe inhabitant dwellings in the City 
of Fayetteville necessarily occupied by families of low income because of 
a drastic housing shortage. 

8. That in connection with its work, the Housing Authority of the City 
of Fayetteville has had the full cooperation of the officials, agencies and 
representatives of the City of Fayetteville, and that on the 9th day of 
September, 1940, a cooperation agreement was entered into by and between 
the City of Fayetteville and the Housing Authority of the City of Fayette- 
ville. 



Decisions and Adjustments of Complaints 97 

9. That with the approval of the United States Housing Authority, the 
applicant has selected two sites for the construction of houses for families 
of low income, one site for white persons, to provide dwellings for approxi- 
mately fifty-six families, and one site for negroes, to provide dwellings for 
approximately fifty-six families. 

10. That the applicant and the United States Housing Authority have 
entered into a contract for loan and annual contributions for said Project 
N. C. 9-1 and 9-2, under the terms of which a sum not exceeding three 
hundred and ninety-six thousand dollars, is to be provided for the con- 
struction of said Project N. C. 9-1 and 9-2. 

11. Notice of the date of hearing was published in the Fayetteville 
Observer in accordance with law. No protestants made appearance. 

Findings of Law 

1. The Housing Authority of the City of Fayetteville, North Carolina, 
is a municipal corporation duly chartered and organized under the North 
Carolina Housing Authorities Act of 1935, being Chapter 456 of the Public 
Laws of North Carolina of 1935. 

2. That the North Carolina Housing Authorities Act aforesaid, finds 
and declares the need for improving housing conditions and facilities for 
persons of low income, and provides for public subsidy and financial assist- 
ance for housing projects for persons of low income. 

3. The right of eminent domain may be exercised under the Housing 
Authority Act aforesaid, provided a Certificate of Public Convenience 
and Necessity for a project has been issued by the North Carolina Utilities 
Commission to a Housing Authority organized and existing thereunder. 

Now, therefore, it is ordered, adjudged and certified: 

1. That the North Carolina Utilities Commission hereby approves the 
Housing Project and Projects of the Housing Authority of the City of 
Fayetteville, North Carolina. 

2. That the Housing Authority of the City of Fayetteville, North Caro- 
lina, is entitled to a Certificate of Public Convenience and Necessity for its 
Housing Project or Projects, and that there is hereby issued such a certifi- 
cate to said Authority for such Project and Projects. 

3. That said Authority is hereby authorized to exercise the right and 
power of eminent domain in connection with said Project and Projects. 

4. That said Authority is hereby authorized to proceed and continue 
with its said Project and Projects and to do all things necessary and proper 
in connection therewith, including the construction, maintenance and opera- 
tion of a distribution system for electric energy and manufactured gas 
within the area of said Project or Projects. 

NORTH CAROLINA UTILITIES COMMISSION 
Stanley Winborne, Chairman 



Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 



By Order of the Commission: 

Attest : 

R. 0. Self, Chief Clerk. 
Docket No. 2353. 



98 N. C. Utilities Commission 

APPLICATION OF THE HOUSING AUTHORITY OF THE CITY OF 
GREENSBORO TO THE NORTH CAROLINA UTILITIES COMMIS- 
SION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND 
NECESSITY AND FOR AUTHORITY TO EXERCISE THE RIGHT 
OF EMINENT DOMAIN. 

Order and Certificate 

This matter came on for hearing before the North Carolina Utilities 
Commission on this 10th day of December, 1941, pursuant to notice duly- 
published, and being heard on the application of the Housing Authority 
of the City of Greensboro for approval of the Greensboro, North Carolina, 
Housing Project, designated as Project N. C. 11-1, N. C. 11-2, and for the 
issuing and granting of a Certificate of Public Convenience and Necessity 
for said Project, and for the authority to exercise the right of Eminent 
Domain when required by said Authority in the acquirement of property to 
be used in the development of the housing project of said city; and after 
hearing and considering the entire matter of considering the verified 
application, together with the records and several exhibits filed and pre- 
sented therewith, and after hearing oral testimony presented, and after 
investigating and examining said matter and records and facts, and after 
giving due consideration to the same, and after giving due consideration 
to the law, the North Carolina Utilities Commission finds, concludes, deter- 
mines and orders as follows: 

Findings of Facts 

1. That prior to the creation and organization of the Housing Authority 
of the City of Greensboro, the governing body of said City, being the City 
Council thereof, being interested in ascertaining the true facts concerning 
housing conditions actually existing in said City, made application to the 
North Carolina State Planning Board to sponsor a Real Property Survey 
and a Low Income Housing Survey within said City; said Real Property 
Survey and said Low Income Housing Survey were undertaken under the 
joint auspices of the City of Greensboro and the North Carolina State 
Planning Board and were conducted by the North Carolina Works Projects 
Administration. Said surveys were carried out by a large staff of trained 
workers who conducted extensive field work, and the results of said surveys 
were embodied in a printed and published report. Said surveys reveal that 
there existed within the City of Greensboro insanitary, unsafe and unwhole- 
some housing conditions, particularly for persons of low income; the report 
of said Low Income Housing Survey further stated that: "The establish- 
ment of a Housing Authority for the City of Greensboro is the first step 
towards the eventual elimination of some of the worst slum sections." 

2. Thereafter and on the 26th day of November, 1940, more than twenty- 
five residents of the City of Greensboro filed a petition with the Clerk of 
said City of Greensboro setting forth that there was a need for a Housing 
Authority to function in said City and in the surrounding area, which 
petition was filed in full accordance with Section 6243 (4) of the Housing 
Authorities Law of North Carolina of 1925. 

3. That upon the filing of said petition the Clerk of the City of Greens- 
boro, as required by said Housing Authorities law referred to above, gave 



Decisions and Adjustments of Complaints 99 

notice of the time, place and purpose of a public hearing, at which the 
governing body of the City of Greensboro, namely the City Council of 
said City, would determine whether or not there existed the need for a 
Housing Authority to function in said City and surrounding area, which 
notice was duly published as required by law. 

4. That the date fixed for said hearing was the 7th day of January, 
1941, and the place, the Council Chambers in the City Hall of the City 
of Greensboro, North Carolina; that at said time and place a large number of 
interested citizens and taxpayers of said City assembled, and they and all 
other interested persons were given an opportunity to be fully heard; that 
at said meeting and hearing many persons were heard and there was full, 
free and extensive discussion of a proposed housing program for the City 
of Greensboro. 

5. That following said public hearing, and on the 17th day of June, 
1941, the City Council of the City of Greensboro, at a regular meeting 
duly called and held, unanimously adopted and passed a resolution which 
determined, among other things, as follows: 

"1. That they do find as a fact that insanitary and unsafe inhabited 
dwelling accommodations exist in the City of Greensboro and the sur- 
rounding area, as set forth in Section 4 of Chapter 456 of the Public 
Laws of North Carolina of 1935. 

"2. Be it resolved that Honorable Huger S. King, Mayor of the 
City of Greensboro, is hereby officially notified of such conditions and 
of the passage of this resolution, and is hereby respectfully requested 
to proceed according to law; namely, to name five commissioners to act 
as the said Housing Authority." 

6. That in compliance with the law, the Mayor of the City of Greens- 
boro appointed five persons to act as the Commissioners of the Housing 
Authority of the City of Greensboro. 

7. That the Housing Authority of the City of Greensboro, after being 
duly created and organized, entered upon its duties, making careful surveys, 
analysis, and study of the housing conditions actually existing within the 
City of Greensboro, both for white people and for Negroes, said Commis- 
sioners studying particularly the report of the Real Property Survey and 
of the Low Income Housing S'urvey which had therefore been published, 
and said Commissioners making further investigation upon their own part. 
The surveys and studies of the Commissioners disclosed that there existed 
a large number of insanitary, unfit and unsafe inhabited dwellings within 
the City of Greensboro, many of them occupied by families whose annual 
incomes were too low to allow them to pay a rental sufficient to justify 
private enterprise to erect decent, sanitary and wholesome houses for rent 
to such families. 

8. That in connection with its work, the Housing Authority of the City 
of Greensboro has had the full cooperation of the officials, agencies and 
representatives of the City of Greensboro. That the said Housing Authority 
of the City of Greensboro and said City of Greensboro have entered into a 
cooperative agreement setting forth the aid and assistance which will be 
rendered by the City of Greensboro to the said Housing Authority. 

9. That with the approval of the United States Housing Authority, the 
applicant, the Housing Authority of the City of Greensboro, has selected 



100 N. C. Utilities Commission 

two sites for the construction of housing projects for families of low income, 
one site for white persons and one site for Negroes. 

10. That the United States Housing Authority is about to enter into a 
loan agreement and an annual contribution agreement by the terms of 
which the said United States Housing Authority has agreed to advance and 
make available by loans to the Housing Authority of the City of Greens- 
boro ninety per cent of the proposed development cost, and the remaining 
ten per cent is to be provided by the applicant by advertised sale of bonds 
to private investors, making a total of $1,000,000 to be available for the 
construction of said proposed Housing Project. 

Findings of Law 

1. That the Housing Authority of the City of Greensboro is a municipal 
corporation, duly chartered and organized under the North Carolina Hous- 
ing Authorities law, being Chapter 456 of the Public Laws of North 
Carolina of 1935. 

2. That the North Carolina Housing Authorities Law of 1935 finds and 
declares the need for improving housing conditions and facilities for persons 
of low income within this State, and declares the necessity of creating 
housing authorities to engage in slum clearance and projects to provide 
dwelling accommodations for persons of low income. 

3. That although a housing authority in North Carolina is given broad 
powers to meet the housing needs of persons of low income, including the 
right and power of Eminent Domain, the right of Eminent Domain is 
not to be exercised unless and until a Certificate of Public Convenience 
and Necessity for such housing project has been issued by the Utilities 
Commission of North Carolina. (Section 28, North Carolina Housing 
Authorities Law.) 

Conclusions 

Upon and after considering the application filed herein, the exhibits, 
and the law, and upon investigating and examining the housing project 
of the Housing Authority of the City of Greensboro, as disclosed by said 
application and exhibits, it is decided and determined that a Certificate 
of Public Convenience and Necessity should issue for such project and that 
the Housing Authority of the City of Greensboro should be authorized to 
exercise the right and power of Eminent Domain. 

Now, THEREFORE, IT IS ORDERED AND CERTIFIED: 

1. That the North Carolina Utilities Commission hereby approves the 
Housing Project of the Housing Authority of the City of Greensboro. 

2. That the Housing Authority of the City of Greensboro is entitled to 
a Certificate of Public Convenience and Necessity for its Housing Project, 
and that there is hereby issued such a certificate to said Authority for 
such project. 

3. That the said Housing Authority of the City of Greensboro is hereby 
authorized to exercise the right and power of Eminent Domain in con- 
nection with said housing project. 



Decisions and Adjustments of Complaints 101 

4. That said Housing authority of the City of Greensboro is hereby 
authorized to proceed and to continue with its said project and to do all 
things necessary and lawful in connection therewith. 

Dated at Raleigh, North Carolina, December 10, 1941. 

THE NORTH CAROLINA UTILITIES COMMISSION. 

Stanley Winborne, Chairman 
Harry Tucker, Commissioner 
Fred C. Hunter, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2437. 



APPLICATION OF THE CITY OF STATESVILLE, NORTH CAROLINA, 
FOR APPROVAL OF PLANS TO ACQUIRE NECESSARY ADDI- 
TIONAL LAND UPON WHICH TO CONSTRUCT EXTENSIONS 
AND IMPROVEMENTS TO THE CITY OF STATESVILLE AIRPORT 
AND FOR A CERTIFICATE OF CONVENIENCE AND NECESSITY 
FOR FEDERAL WORKS AGENCY PROJECT NO. 50465 AND FOR 
AUTHORITY TO EXERCISE THE RIGHT OF EMINENT DOMAIN 
FOR THE PURPOSES AFORESAID. 

Order 

This Cause comes before the Commission upon the verified petition of 
the City of Statesville, North Carolina, for a certificate of public conven- 
ience and necessity, pursuant to the provisions of Chapter 470 of the 
Public Laws of 1935, for extension and improvement of the airport facilities 
of the City of Statesville and for authority to exercise the right of eminent 
domain in acquiring and perfecting title to the lands necessary for said 
extension and improvement. Said petition was filed on the 4th day of June, 
1942, and, after due notice published in the Statesville Daily, a newspaper 
published in the City of Statesville, came on for hearing before the Utilities 
Commission pursuant to said notice at 11:00 a. m. on the first day of 
July, 1942. 

Prior to said hearing Lee Clark, Route 3, Box 146; Pless Morrison, Route 
3, Box 145; H. S. Frost, Route 3, Box 147; Mrs. Eunice Irene Hoover, 
Route 3, Box 143 ; and Mrs. J. C. Moose, Route 3, Box 143, all of the City 
of Statesville, filed written protest to said application, said protest being 
in the form of letters to the Commission and considered by the Commission 
as formal protests. Said protestants did not appear at said hearing. 

The petitioner exhibited to the Commission: 

1. An affidavit of publication of notice of said hearing by Pegram A. 
Bryant, Publisher of the Statesville Daily, which said notice contained the 
names of the owners and the lands of said owners particularly effected by 
said application, the names of said owners and their respective tracts 
involved being as follows: Bill Bailey, 7.88 acres; J. P. Alexander, 17.77 
acres; H. A. Freeze, 25.67 acres; Mrs. Bessie Moose, 21.36 acres; Will 



102 N. C. Utilities Commission 

Douglas, 10.86 acres; H. S. Frost, 2.52 acres; E. P. Morrison, 16.62 acres; 
Henderson Connor, 0.17 acres; Pless Morrison, 0.92 acres; Lee Clark, 0.64 
acres; John Tatum, 0.43 acres; Mrs. J. C. Moose, 11.60 acres; Eunice 
Irene Hoover, 4.82 acres; T. R. Cloaninger, 5.85 acres; and Mrs. Carl 
Moose, 0.03 acres. 

2. A certified copy of the resolution of the Board of Aldermen of the 
City of Statesville, setting forth the need for enlarged airport facilities and 
the necessity for the acquisition of lands necessary for said purpose and 
directing that a petition be filed with the Utilities Commission, asking that 
a certificate of convenience and necessity be awarded the City of Statesville 
in order that any lands that cannot be purchased on friendly terms may 
be condemned through the courts. 

3. A certificate of Air Navigation Facility Necessity No. 822, issued by 
the Department of Commerce, Washington, D. C, dated the 6th day of 
June, 1941, approving said project, from which said certificate and from 
the testimony offered it appears that $227,979.00 will be used in enlarging 
said airport, of which $108,568.00 will be provided through Federal aid 
and $119,411.00 provided by the sponsor, the City of Statesville. 

4. A plat of the proposed extension and improvement showing the existing 
and proposed runways, the location, acreage, and metes and bounds of the 
lands acquired and the names of the owners thereof, which said plat was 
made by R. L. Crawley, City Engineer, Statesville, N. C, and recorded in 
Plat Book Three, Pages 67, 68, 69 and 70 in the office of the Register 
of Deeds for Iredell County, N. C, to which said plat reference is hereby 
made. 

Upon consideration of the verified petition, said exhibits, copies of which 
are on file with the Commission, and upon the sworn representation of 
John R. McLaughlin, Attorney for the petitioner, there being no testimony 
on behalf of protestants, the Commission is of the opinion and finds: 

1. That the present airport facilities of the City of Statesville are insuf- 
ficient to meet the needs and demands for air service under conditions now 
existing and that the same are inadequate to meet the requirements of the 
U. S. Department of Commerce, the Civil Aeronautics Authority and the 
War Department as a modern airport. 

2. That the proposed extension and improvement of said airport as set 
out in the petition filed in this cause is a project within the purview of 
Chapter 470 of thp Public Laws of 1935. 

3. That public convenience and necessity has been shown by the petitioner 
for the proposed extension and improvement of said airport and for author- 
ity to exercise the right of eminent domain in the acquisition of the several 
tracts of land particularly described in the aforesaid plat. 

It is, therefore, ordered: 

That a certificate of public convenience and necessity be, and the same 
is hereby, granted to the City of Statesville, N. C, for the construction 
of the additions and for making the improvements to its said airport as 
described and requested in said petition, and to that end the petitioner is 
hereby empowered to exercise the right of eminent domain for the acquisi- 



Decisions and Adjustments of Complaints 103 

tion of title to additional lands described in the plat exhibited to the Com- 
mission and recorded as aforesaid. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G, Johnson, Comm^issioner. 



This the 8th day of July, 1942. 



By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2671. • 



NOTICE OF APPLICATION OF THE CITY OF STATESVILLE FOR 
AUTHORITY TO ACQUIRE ADDITIONAL PROPERTY FOR AIRPORT 
PURPOSES. 

Order 

Notice is hereby given to the effect that application has been filed with 
the North Carolina Utilities Commission by the City of Statesville, for the 
approval of plans to acquire necessary additional land upon w^hich to con- 
struct improvements to the City Airport, and for a certificate of conven- 
ience and necessity for Federal Workers Agencies Project #50465, and 
for authority to exercise the right of eminent domain for the purpose desired 
under the provisions of Chapter 407, Public Laws of 1935, and amendments 
thereto; and it further appears more specifically in said application that 
the lands and acreage desired and the names of individual owners are as 
follows, as set forth on a map, filed with the application, by City Engineer, 
R. L. Crawley of Statesville, and a copy of which map may be seen at the 
Engineer's Office in the city of Statesville: 

Tract Number Owner Acres 

1 Bill Bailey 6.48 

2 Bill Bailey 1.40 

3 J. P. Alexander 17.47 

4 J. P. Alexander 0.30 

5 H. A. Freeze 12.62 

6 H. A. Freeze 1.18 

7 H. A. Freeze 3.86 

8 H. A. Freeze 8.01 

9 Mrs. Bessie Moose 10.63 

10 Mrs. Bessie Moose 10.73 

11 Will Douglas 10.86 

12 H. S. Frost 2.52 

13 F. P. Morrison 16.62 

14 Henderson Connor 0.17 

15 Pless Morrison 0.92 

16 Lee Clark 0.64 

17 John Tatum 0.43 

18 Mrs. J. C. Moose 11.60 

19 Eunice Irene Hoover 4.82 

20 T. R. Cloaninger 5.85 

21 Mrs. Carl Moose 0.03 

Therefore, it is ordered that the Commission has set for hearing said 
application in its office in Raleigh, and parties interested in the filing of 
any protests are hereby notified to file said protests on or before 11:00 A.M., 



104 N. C. Utilities Commission 

Wednesday, June 24, 1942. If protests are filed on or before June 24th, the 
Commission will hear said application at ten a. -m. on Saturday, June 27, 
1942, and all parties interested in the lands of foregoing mentioned in this 
notice, shall take notice thereof, and govern themselves accordingly. 

NORTH CAROLINA UTILITIES COMMISSION 
R. O. Self, Chief Clerk. 
This 10th day of June, 1942. 
Docket No. 2671. 

APPLICATION OF THE BOARD OF MANAGERS OF JAMES WALKER 
MEMORIAL HOSPITAL, WILMINGTON, NORTH CAROLINA, FOR 
APPROVAL OF ADDITIONS TO SAID HOSPITAL AND FOR A 
CERTIFICATE OF CONVENIENCE AND NECESSITY FOR PROJ- 
ECT KNOWN AS FEDERAL WORKS AGENCY DOCKET N. C. 31- 
127, AND FOR AUTHORITY TO EXERCISE THE RIGHT OF EMI- 
NENT DOMAIN. 

Order 

Upon the Petition and Application of James Walker Memorial 

Hospital of Wilmington, North Carolina, and 

its Board of Managers. 

This cause came on for hearing and was heard by the Commission, at 
office in Raleigh, North Carolina, on the 20th day of April, 1942; the 
application and verified petition has been examined and duly considered, 
together with the plans and specifications submitted to the Commission 
and examined by it covering Federal Works Agency Project Docket N. C. 
31-127, as well as all of the documents, exhibits, and evidence offered by 
the petitioner, and after full hearing and due consideration, the Commis- 
sion is of the opinion and finds as follows : 

1. That the original unit of James Walker Memorial Hospital at Wil- 
mington, North Carolina, was constructed and provided in 1901 for the 
purpose of providing maintenance and medical care for sick and infirm 
poor persons who may from time to time become chargeable to the charity 
of the City of Wilmington and the County of New Hanover, and for 
such other persons as may be admitted from time to time. 

2. That by and under the provisions of Chapter 12 of the Private Laws 
of North Carolina of 1901, the management, general supervision and con- 
trol of said hospital was vested in a "Board of Managers of the James 
Walker Memorial Hospital of Wilmington, North Carolina," and by the 
terms of said act the said Board was given the right of succession, duly 
incorporated, authorized to use a common seal, sue, be sued, plead and be 
impleaded, and have all rights and privileges conferred upon bodies politic 
and corporate rendering charitable and public services. 

3. That said hospital and said corporation is a non-profit, charitable 
corporation, rendering the public services aforesaid, and receives financial 
contributions for said purposes from the City of Wilmington and the County 
of New Hanover in the present aggregate amount of $50,000 annually. 

4. That the facilities of said hospital at present consist of 173 beds, 
36 bassinets, together with laundry, heating plant, and nurses' quarters; 



Decisions and Adjustments of Complaints ^ 105 

that of the beds available 58 are for private-room patients, 115 of the 
ward type, of which 35 are used for colored patients. That the said hospital 
is located upon Block 227 of the official plan of the City of Wilmington, 
the fee in which property is owned by the said City and County as tenants 
in common, subject only to the right to use the same by said hospital and 
its Board of Managers as a hospital for the purposes hereinbefore recited. 
That said hospital, in addition to providing medical care as aforesaid for 
the citizens of Wilmington and New Hanover County, also serves, from time 
to time, patients from the Counties of Onslow, Brunswick, Pender, Duplin, 
Columbus and Bladen. ' . 

5. That the total population of said Counties, as disclosed by the official 
census of 1940, aggregated 263,202 persons. That in the State of North 
Carolina there is an average of approximately 2.3 beds per 1000 of popu- 
lation available for hospital care, while in Wilmington and the territory 
above referred to there is available for hospital care only 1.59 beds per 
1000 population, which condition existed prior to Wilmington and vicinity 
becoming a defense area and prior to the increasing population therein 
as hereinafter referred to. 

6. That during the early part of 1941 Wilmington was designated by 
the President of the United States as a critical defense area, and as a 
result of the military expansion, shipbuilding, and other defense activities 
in Wilmington and its immediate vicinity, there has been an increase in 
population of at least 100 per cent; said increase being largely on account 
of the establishment of Camp Davis, which was originally constructed to 
accommodate 20,000 officers and men and which has now been enlarged by 
the establishment of the officers' training school for approximately 7,000 
officers and men, and for which camp plans and arrangements have been 
developed for early enlargement to accommodate approximately 10,000 
additional officers and men. That there is also near Wilmington an airport 
accommodating approximately 3,000 officers and men and various types 
of planes, of a number at this time of approximately 100. That the North 
Carolina Shipbuilding Company is also operating at Wilmington, and at 
this time employing approximately 10,000 persons, and will increase said 
employment in the immediate future until a peak of about 15,000 employees 
is reached. 

7. That the Board of Managers of the James Walker Memorial Hospital, 
with the approval and consent of the City of Wilmington and the County 
of New Hanover, heretofore filed its application with the Federal Works 
Agency, setting forth facts justifying a requested grant of Federal funds 
to cover in part the cost of construction of vitally needed additional 
hospital facilities. That upon the filing of said application the said Federal 
Works Agency caused a survey to be made at Wilmington and in the above 
mentioned defense area to determine what, if any, additional hospital facil- 
ities were needed, and as a result thereof it was found that the hospital 
facilities prior to the defense activities were inadequate and that as a 
result of the defense activities the situation at present was acute, and 
that in the interest of public health and public safety it was necessary 
to provide and equip new and additional facilities for said hospital. Where- 
upon the Federal Works Agency made an offer of grant to said hospital in 
the sum of $399,000 to assist in construction and equipping additions to 



106 N. C. Utilities Commission 

said hospital, to provide at least 108 beds; that said offer has been accepted, 
and said hospital has agreed to contribute to the cost of said project the 
sum of $100,000; and that the said applicant is now seeking an additional 
grant from the Federal Works Agency in the sum of $118,000, all of which 
funds, in the judgment of the Board of Managers of said hospital, are 
necessary to cover essential expansion and additional facilities. 

8. That it has now become necessary for said Board of Managers for 
said hospital to acquire additional land area upon which to construct its 
improvements and additional facilities, and the said Board of Managers 
has determined to acquire a tract of land nearby and adjacent to the 
present units of said hospital, known and designated as Block 213 in the 
City of Wilmington, and when acquired the said area is to be used entirely 
by said hospital for the purposes herein recited, and said lands are neces- 
sary for said purposes. 

9. That the project and program of the petitioner and applicant has 
been duly considered respectively by the Council of the City of Wilmington, 
the Board of Commissioners of New Hanover County, and the Medical 
Society of New Hanover County, and approving resolutions of said bodies 
have been duly endorsed and adopted, and have been examined and con- 
sidered by the Commission. 

10. That in order to acquire the necessary lands for said additions and 
expansions, it has become necessary for said hospital and its Board of 
Managers to exercise the right of eminent domain and to institute con- 
demnation proceedings. 

11. That the aforesaid project, Federal Works Agency Docket NC 31-127, 
is a public works project, financed in part by the said Federal Works Agency 
and the balance of the cost thereof provided by the applicant from financial 
support and contributions made by the City of Wilmington and County of 
New Hanover. That said Board of Managers is a body politic and cor- 
porate, authorized to perform and performing public functions, and operat- 
ting an eleemosynary corporation, and whose property and assets are tax 
exempt, and said corporation is an authorized corporation within the mean- 
ing of the provisions of Chapter 470 of the Public Laws of the General 
Assembly of the Session of 1935, and within the meaning of Article III, 
Chapter 33, of the Consolidated Statutes (Michie's Code). 

12. That the acquirement of the lands above referred to, the expansion 
of said hospital facilities, the providing of the necessary structures and 
physical equipment therefor, are necessary in the interest of public health 
and public safety and to better carry out and perform the duties and services 
for which said hospital was created, and the same and the Federal Works 
Project NC 31-127 are necessary and are approved; and the said hospital 
and its Board of Managers, a body politic and corporate performing the 
functions as herein recited, under the provisions of law are entitled to a 
Certificate of Public Convenience and Necessity for such project, and 
entitled to exercise the right of eminent domain, from time to time, as 
may be required by said applicant and petitioner, to acquire lands and for 
the purposes aforesaid, in order to perfect title thereto. 

It is now, therefore, ordered, adjudged and determined by the 
Commission : 



Decisions and Adjustments of Complaints 107 

1. That the aforesaid Federal Works Agency Docket NC 31-127, for the 
purposes herein recited, be and the same is hereby approved. 

2. That it is necessary for and the said hospital and its Board of Man- 
agers are hereby authorized and directed to acquire additional lands and 
premises upon which to construct, equip and operate its necessary addi- 
tional hospital facilities, and particularly to acquire that area within the 
City of Wilmington known and designated as Block 213 according to 
the official plan thereof. 

3. That said applicant and petitioner is entitled to and is hereby granted 
a Certificate of Public Convenience and Necessity for such project and for 
the purposes aforesaid and to develop and operate the same. 

4. That said applicant and petitioner and particularly the "Board of 
Managers of James Walker Memorial Hospital, of the City of Wilmington, 
North Carolina," a body politic and corporate and performing public func- 
tions in the manner and for the purposes herein recited, is hereby granted 
and vested with the right of eminent domain and right to institute con- 
demnation proceedings to acquire title to the lands and premises neces- 
sary to be acquired for the additional facilities and expansion program as 
herein recited, and to exercise the right of eminent domain and condemna- 
tion, from time to time as and when required for such purposes and in 
accordance with the rights and provisions of and granted in Chapter 470 
of the Public Laws of the Session of the General Assembly of 1935 and as 
set forth in Article III, Chapter 33, of Consolidated Statutes (Michie's 
Code). 

The notice of this application, published ten days prior to the date set 
for the hearing in the daily papers of the State circulating in the affected 
territory, stated that unless written protest was filed with this Commission 
on or before 12 o'clock noon, Saturday, April 18, the Commission would 
issue an order granting such relief as it felt that the evidence presented by 
the applicant justified. No protests were filed in accordance with said pub- 
lished notices and the foregoing order is being issued accordingly. 

This 20th day of April, 1942. 

NORTH CAROLINA UTILITIES COMMISSION. 
Stanley Winborne, Chairman 
Fred C. Hunter, ComTnissioner 
R. G. Johnson, Cormnissioner. 

By Order of the Commission on the day and year above written. 

R. 0. Self, Chief Clerk. 
Docket No. 2607. 



108 N. C. Utilities Commission 

APPLICATION OF THE CITY OF WILMINGTON, NORTH CAROLINA, 
FOR APPROVAL OF PLANS TO ACQUIRE NECESSARY ADDI- 
TIONAL LAND UPON WHICH TO CONSTRUCT EXTENSIONS AND 
IMPROVEMENTS TO WATERWORKS, AND TO ACQUIRE LANDS 
AND RIGHTS-OF-WAY FOR SAID FACILITIES AND FOR A CER- 
TIFICATE OF CONVENIENCE AND NECESSITY FOR FEDERAL 
WORKS AGENCY PROJECT NC 31-119, AND FOR AUTHORITY TO 
EXERCISE THE RIGHT OF EMINENT DOMAIN FOR THE PUR- 
POSES AFORESAID. 

Order 

This cause came on for hearing and was heard by the Commission, at 
office in Raleigh, North Carolina, on the 20th day of April, 1942; the 
application and verified petition having been examined and considered, 
together with the evidence and exhibits and data submitted with respect 
to expansion of the Wilmington Waterworks System, including construct- 
ing and providing a pipe line at or near King's Bluff on the Cape Fear 
River, to provide a source of water for the City of Wilmington, and having 
considered the application and data constituting the Federal Works Agency 
Project No. NC 31-119; and upon full hearing and due consideration, the 
Commission is of the opinion and finds as follows: 

1. That the City of Wilmington is a municipal corporation, created and 
existing under the provisions of law, engaged in performing municipal 
functions, and is a body corporate and politic, and, among other functions, 
operates a waterworks plant and distribution system for the purpose of 
selling and supplying water to the citizens of said city and to serve certain 
parts of the immediate suburbs thereto, and for municipal uses; and 
that said City owns, operates, and provides also municipal sewer services 
to citizens of said City. That the project above referred to, and the 
several divisions thereof, includes the construction of a filter plant, exten- 
sions and expansions to the waterworks and sewer distribution systems 
and the construction of a pipe line to provide an adequate source of fresh 
water for said City and for said municipal purposes, the cost of which 
will be provided in part by the Federal Works Agency, an agency of the 
United States, and said agency will supervise and control the construction 
of said facilities; and the providing and constructing of said facilities 
will aid in relieving unemployment and will provide substantial and addi- 
tional employment for a number of laborers, artesans and tradesmen; and 
the said City is an eligible corporation, entitled to exercise the right of 
eminent domain from time to time and to institute, prosecute and conclude 
condemnation proceedings as and when required to acquire lands, premises, 
rights-of-way and easements which are or may be necessary for the above 
and hereinafter referred to purposes, and particularly for the purpose of 
acquiring adequate land areas and rights-of-way and easements upon 
which to construct adequate waterworks or filter plant, with connections, 
additions, extensions thereto, and lands and/or rights-of-way and easements 
therein from Wilmington to a point on the Cape Fear River above King's 
Bluff Lock and Dam for use in constructing, operating and maintaining 
adequate and suitable pipe line for the transmission of water for the above 
mentioned municipal purposes and to supply, sell and distribute water to 



Decisions and Adjustments of Complaints 109 

the citizens of said City and its immediate suburban area in the perform- 
ance of its municipal functions and in the interest of the public health and 
public welfare. 

2. That the present waterworks facilities of said City are inadequate 
and insufficient to afford proper filtration, purification and adequate dis- 
tribution and to meet the demands and requirements of the citizens of said 
City. 

3. That the present water filter plant owned and operated by said City 
is old, obsolete in design and construction, expensive to operate and inade- 
quate to meet said needs. 

4. That the City of Wilmington and the immediate vicinity has been 
declared by the President of the United States a critical defense area, and 
as a result of defense activities and the training of soldiers and marines 
the population of said City has greatly increased and at this time estimated 
to be at least 65,000 persons, and all of which increase has occurred within 
approximately one year's time, and in the interest of national defense and 
of the health, safety and welfare of the people of said City and its immedi- 
ate suburbs, it is necessary for said City to provide said filter plant and 
extensions to its waterworks system, including the pipe line herein referred 
to. That at this time the North Carolina Shipbuilding Company located 
at Wilmington is engaged in building cargo ships in the interest of vital 
transportation required to successfully prosecute the present war, and said 
shipbuilding company is employing approximately 9,000 persons, and it 
is estimated that its employment will reach at least 15,000 within a period 
of months; and that the location of military camps near the City of Wil- 
mington and the operation and transaction of the other industries con- 
tributing to national defense have not only contributed to approximately 
doubling the population of said City but placed the obligation upon the 
officials thereof to obtain a proper and suitable source of water and to 
provide the necessary means of purification and distribution. 

5. That from time to time during the recent years the source of water 
at the intake and reservoir operated by said City has become unfit for 
human consumption due to excessive salt content and chlorides therein, 
and particularly during the years of 1940 and 1941 the excess of salt in 
said water was such as to prevent its use for human consumption over 
periods of months, as more fully set forth in the application and petition 
filed herein. 

6. That said City has for approximately two years sought diligently 
to find a source of water suitable in quality and adequate in quantity to 
use for municipal purposes and distribute to its citizens, and has employed 
expert consulting engineers, and as a result of said employment and study 
it has been determined that the only source of fresh and suitable water 
in sufficient quantity available to said City is to obtain the same from the 
Cape Fear River at a point thereon above and beyond King's Bluff Lock 
and Dam, and in order to transmit water from said source to the distribu- 
tion system of said City it is necessary to construct, operate and maintain 
a pipe line for said purposes, and that said City will require sufficient lands 
and rights-of-way upon which to place said construction. 



110 N. C. Utilities Commission 

7. That in order to acquire lands and premises upon which to construct 
a water works filter plant and the proper connections and extensions thereto 
and to acquire lands, rights-of-way and easements for the projects aforesaid, 
and particularly to enable the said City to construct, operate and maintain 
the aforesaid pipe line, it is necessary for the said City to be authorized 
to exercise the right of eminent domain from time to time and to institute, 
prosecute and conclude condemnation proceedings for said purposes, and 
when in the judgment of its governing body such action is necessary in the 
exercise of the municipal functions of said City, and particularly to pro- 
tect and preserve the public health, public welfare, and the public interest, 
and that said City is an authorized corporation within the meaning of the 
provisions of Chapter 470 of the Public Laws of the General Assembly of 
1935 and vdthin the meaning of Article 3, Chapter 33, of the Consolidated 
Statutes (Michie's Code), and that the said City and its governing body is 
also entitled to a Certificate of Public Convenience and Necessity to prosecute 
to conclusion said projects. 

It is now, therefore, ordered, adjudged and determined by the 
Commission: 

1. That the herein referred to Federal Works Agency Project under 
Docket NC 31-119, including the purposes therein recited, be and the same 
is hereby approved. 

2. That it is necessary for the City of Wilmington and its governing body 
to acquire additional lands and premises, at locations in quantity and amount 
as determined by said governing body, upon which to build, construct, 
operate and maintain a filter plant and to equip the same, together with 
all necessary connections and additions thereto, to enable said City and its 
governing body to acquire, filter, purify, sell and distribute water to the 
citizens of said City and such suburban areas near and adjacent thereto, 
as it may be determined by its governing body, and for said City and its 
governing body to lay, construct, use, operate and maintain a pipe line 
from said City to a point on the Cape Fear River above King's Bluff Lock 
and Dam to enable the said City and its governing body to have and use 
an adequate source of suitable fresh water for the purposes aforesaid, and 
in connection therewith to acquire, have, hold, and use such lands, rights- 
of-way and easements as may be determined necessary for said purposes. 

3. That the said applicant and petitioner is entitled to and is hereby 
granted a Certificate of Public Convenience and Necessity for the projects 
aforesaid and for the purposes aforesaid and to acquire, develop, maintain 
and operate the same. 

4. That the applicant and petitioner is a body politic and corporate, a 
municipal corporation performing public and municipal functions as author- 
ized by law, is an eligible corporation under the provisions of the laws 
hereinbefore recited, and is hereby granted and vested with the right of 
eminent domain; and said applicant and petitioner and its governing body 
is hereby granted the right to institute condemnation proceedings for the 
purposes herein recited as and when in the judgment of its governing body 
it is desirable and necessary so to do for the purpose of acquiring and 
holding, owning, maintaining and using such lands and premises, easements 
and rights-of-way in, to, through, over and upon such lands as said gov- 



Decisions and Adjustments of Complaints 111 

erning body of said applicant may deem desirable and necessary, to own, 
construct, operate, locate, maintain and use the aforesaid facilities, and 
that said applicant and petitioner and its governing body are authorized 
to exercise said power and right of eminent domain and institute said con- 
demnation proceedings from time to time as and when required for said 
purposes, and to exercise all of said rights and to prosecute said proceed- 
ings under the terms of and in accordance with the provisions of Chapter 
470 of the Public Laws of the General Assembly of 1935 and as set forth 
in Article 3, Chapter 33 of the Consolidated Statutes (Michie's Code). 

The notice of this application, published ten days prior to the date set 
for the hearing in the daily papers of the State circulating in the affected 
territory, stated that unless written protest was filed with this Commis- 
sion on or before 12 o'clock noon, Saturday, April 18, the Commission would 
issue an order granting such relief as it felt that the evidence presented 
by the applicant justified. No protests were filed in accordance with said 
published notices and the foregoing order is being issued accordingly. 

This 20th day of April, 1942. 

NORTH CAROLINA UTILITIES COMMISSION. 
Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission on the day and year above written. 

R. O. Self, Chief Clerk. 
Docket No. 2609. 



APPLICATION OF THE HOUSING AUTHORITY OF THE CITY OF 
WINSTON-SALEM TO THE NORTH CAROLINA UTILITIES COM- 
MISSION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND 
NECESSITY, AND FOR AUTHORITY TO EXERCISE THE RIGHT 
OF EMINENT DOMAIN. 

Order and Certificate 

This matter came on for hearing before the North Carolina Utilities 
Commission on the 4th day of November, 1941, pursuant to notice duly 
published, and being heard on the application of the Housing Authority of 
the City of Winston-Salem for approval of the Winston-Salem, North 
Carolina, Housing Project designated as Project NC-12-1, 12-2, and for 
the issuing and granting of a Certificate of Public Convenience and Neces- 
sity for said Project, and for the authority to exercise the right of Eminent 
Domain when required by said Authority in the acquirement of property 
to be used in the development of the housing project of said city; and 
after hearing and considering the entire matter and considering the verified 
application, together with the records and several exhibits filed and pre- 
sented therewith, and after hearing oral testimony presented, and after 
investigating and examining said matter and records and facts, and after 
giving due consideration to the same, and after giving due consideration 
to the law, the North Carolina Utilities Commission finds, concludes, 
determines and orders as follows: 



112 N. C. Utilities Commission 

Findings of Fact 

1. That prior to the creation and organization of the Housing Authority 
of the City of Winston-Salem, the governing body of said city, being the 
Board of Aldermen thereof, being interested in ascertaining the true facts 
concerning housing conditions actually existing in said city, received from 
the City Building Inspector an analysis of building experience and exist- 
ence of slums in the city, and further investigated personally the housing 
conditions of the city. Said surveys and studies reveal that there existed 
within the City of Winston-Salem insanitary, unsafe and unv^holesome 
housing conditions, particularly for persons of low income. 

2. Thereafter and on the 16th day of June, 1941, more than twenty-five 
residents of the City of Winston-Salem filed a petition with the Secretary of 
said City of Winston-S'alem setting forth that there was a need for a 
Housing Authority to function in said city and in the surrounding area, 
which petition was filed in full accordance with Section 6243(4) of the 
Housing Authorities Law of North Carolina of 1935, and amendments 
thereto. 

3. That upon the filing of said petition, the Secretary of the City of 
Winston-Salem, as required by said Housing Authorities Law referred to 
above, gave notice of the time, place and purpose of a public hearing, at 
which the governing body of the City of Winston-Salem, namely the Board 
of Aldermen of said city, would determine whether or not there existed the 
need for a Housing Authority to function in said city and surrounding area, 
which notice was duly published as required by law. 

4. That the date fixed for said hearing was the 27th day of June, 1941, 
at a regular meeting, duly called, of the Board of Aldermen, and the place, 
the Council Chambers in the City Hall of the City of Winston-Salem, North 
Carolina; that at said time and place a large number of interested citizens 
and taxpayers of said city assembled and they and all other interested 
persons were given an opportunity to be fully heard; that at said meet- 
ing and hearing many persons were heard and there was full, free and 
extensive discussion of a proposed housing program for the City of Winston- 
Salem. 

5. That thereafter and following said public hearing, and on the 27th 
day of June, 1941, the Board of Aldermen of the City of Winston-Salem, 
unanimously adopted and passed a resolution which determined, among 
other things, as follows: "1. Insanitary and unsafe inhabited dwelling accom- 
modations exist in the City of Winston-Salem, North Carolina; and 2. There 
is a lack of safe and sanitary dwelling accommodations in the City of 
Winston-Salem, North Carolina, available for all the inhabitants thereof; 
and 3. There is need for a Housing Authority to function in the City of 
Winston-Salem, North Carolina; and 4. The Mayor be and he hereby is 
directed to file in the office of the Secretary of the City of Winston-S'alem, 
North Carolina, the necessary certificate evidencing the appointment of the 
Commissioners and designation of the first Chairman of the Housing 
Authority, pursuant to the Housing Authorities Law of the State of North 
Carolina." 



Decisions and Adjustments of Complaints 113 

6. That in compliance with the law, the Mayor of the City of Winston- 
Salem appointed five persons to act as the Commissioners of the Housing 
Authority of the City of Winston-Salem. 

7. That the Housing Authority of the City of Winston-Salem, after 
being duly created and organized, entered upon its duties, making careful 
surveys, analysis, and study of the housing conditions actually existing 
within the City of Winston-Salem, both for white people and for Negroes, 
said Commissioners studying property surveys. The surveys and studies of 
the Commissioners disclosed that there existed a large number of insanitary, 
unfit and unsafe inhabited dwellings within the City of Winston-Salem, 
many of them occupied by families whose annual incomes were too low 
to allow them to pay a rental sufficient to justify private enterprise to 
erect decent, sanitary and wholesome houses for rent to such families. 

8. That in connection with its work, the Housing Authority of the City 
of Winston-Salem has had the full cooperation of the officials, agencies and 
representatives of the City of Winston-Salem, That the said Housing 
Authority of the City of Winston-Salem and said City of Winston-Salem 
have entered into a Cooperation Agreement, setting forth the aid and 
assistance which will be rendered by the City of Winston-Salem to the 
said Housing Authority. 

9. That with the approval of the United States Housing Authority, the 
applicant, the Housing Authority of the City of Winston-Salem, has 
selected two sites for the construction of housing projects for families 
of low income, one site for white persons and one site for Negroes. 

10. That the United States Housing Authority is about to enter into 
a Loan Agreement and an Annual Contribution Agreement by the terms 
of which the said United States Housing Authority has agreed to advance 
and make available by loans to the Housing Authority of the City of 
Winston-Salem ninety per cent of the proposed development cost, and the 
remaining ten per cent is to be provided by the applicant by advertised 
sale of bonds to private investors, total sum approximating $1,400,000.00. 

Findings of Law 

1. That the Housing Authority of the City of Winston-Salem is a public 
body and a body corporate and politic, duly chartered and organized under 
the North Carolina Housing Authorities Law, being Chapter 456 of tHe 
Public Laws of North Carolina of 1935, and amendments thereto. 

2. That the North Carolina Housing Authorities Law of 1935, and amend- 
ments thereto, finds and declares the need for improving housing condi- 
tions and facilities for persons of low income within this State, and declares 
the necessity of creating Housing Authorities to engage in slum clearance 
and projects to provide dwelling accommodations for persons of low income. 

3. That although a Housing Authority in North Carolina is given broad 
powers to meet the housing needs of persons of low income, including the 
right and power of Eminent Domain, the right of Eminent Domain is not 
to be exercised unless and until a Certificate of Public Convenience and 
Necessity for such housing project has been issued by the Utilities Com- 
mission of North Carolina. (Section 28, North Carolina Housing Authorities 
Law.) 



114 N. C. Utilities Commission 

Conclusions 

Upon and after considering the application filed herein, the exhibits, and 
the law, and upon investigating and examining the housing project of the 
Housing Authority of the City of Winston-Salem, as disclosed by said 
application and exhibits, it is decided and determined that a Certificate of 
Public Convenience and Necessity should issue for such project and that 
the Housing Authority of the City of Winston-Salem should be authorized 
to exercise the right and power of Eminent Domain. 

Now, therefore, it is ordered and certified: 

1. That the North Carolina Utilities Commission hereby approves the 
Housing Project of the Housing Authority of the City of Winston-Salem. 

2. That the Housing Authority of the City of Winston-Salem is entitled 
to a Certificate of Public Convenience and Necessity for its Housing Project, 
and that there is hereby issued such a certificate to said Authority for such 
project. 

3. That the said Housing Authority of the City of Winston-Salem is 
hereby authorized to exercise the right and power of Eminent Domain in 
connection with said housing project. 

4. That said Housing Authority of the City of Winston-Salem is hereby 
authorized to proceed and to continue with its said projects and to do all 
things necessary and lawful in connection therewith. 

THE NORTH CAROLINA UTILITIES COMMISSION. 
Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Attest: Harry Tucker, Commiissioner. 

R. O. Self, Chief Clerk. 
Docket No. 2429. 

Motor Vehicle Lines 

Franchise Certificates Granted Under Authority of Chapter 136, Public 
Laws of North Carolina, 1927, Outstanding on Nov. 1, 1942. 

A. & C. Bus Lines, Inc., Route No. 7, Charlotte, N. C. Franchise Certificate 
No. 518. 
Passenger. 

Routes: From Charlotte to Derita over Derita Road and from Derita 
to Sugaw Creek Church and return by same route to Charlotte. (Tem- 
porary permit, pending hearing upon complaint.) 

Appalachian Trail Bus Line, Hayesville, N. C. Franchise Certificate No, 
467. 
Passenger. 

Routes: Between Franklin and Murphy via Hayesville and U. S. Route 
No. 64; Murphy to N. C. -Tennessee State Line down the Hiawassee River 
via Unaka. 

Ardbn Stage Company, Mrs. A. N. Graham d/b/a, 6 Westchester Drive, 
Asheville, N. C. Franchise Certificate No. 457. 



Decisions and Adjustments of Complaints 115 

Passenger. 

Routes: Between Asheville and Airport — Pack Square via Biltmore 
Avenue to Brook, to intersection of Sweetan Creek Road, to Arden to 
Can Creek Road to Fletcher; thence to Can Creek Road to Airport. 

Asheville-Elk Mountain Bus Line, Asheville, N. C. Franchise Certificate 
No. 525. 

Passenger. 

Routes: (a) Asheville via Temp, N. C. 63 to Woodfin, via Burnsville 
Mill Road to top of Burnsville Hill and via Elk Mountain Road to Elk 
Mountain Village and mill, and return same route. 

(b) Asheville via N. C. 63 (or 191) to Craggy Bridge and via N. C. 
191 to Elk Mountain Village, and return by same route. 

(c) Asheville to Leicester and beyond to Plemmon's Store and return 
via N. C. 63. 

Atlantic Greyhound Corporation, 1101 Kanawha Valley Building, Char- 
leston, West Virginia; 1203 State Planters Bank Building, Rich- 
mond, Virginia; % H. G. Hudson, Wachovia Bank Building, Winston- 
Salem, North Carolina. Franchise Certificate No. 429. 

Passenger. 

Routes: Routes covered by Franchise Certificate No. 429, which is 
hereby renewed as of December 16, 1939. Since the issuance on December 
16, 1936, of Certificate No. 429, of which this is a renewal under Chapter 
136, Public Laws of 1927, and amendments thereto, the State Highway 
Commission has changed practically all the Highway Route numbers 
and this certificate in being renewed has been made to conform to the new 
numbers in accordance with the Highway Map dated 1939, but in chang- 
ing the numbers the cities en route have been followed so as to properly 
locate the highways operated by the owner of this certificate and its 
predecessors. 

(1) From Virginia-North Carolina State Line (near Price, N. C.) 
via Stoneville, Madison, Walnut Cove, and Walkertown over Highways 
Nos. 220 and 311 to Winston-Salem; thence to the North Carolina- 
South Carolina State Line (near Grover, N. C.) via Clemmons, Mocks- 
ville, Statesville, Mooresville, Huntersville, Charlotte, Gastonia, and 
Kings Mountain over Highways Nos. 158, 64, 21, 29 and 74 and over 
Highways Nos. 7 and 161 with the understanding that the Queen City 
Coach Company, Inc., has equal rights to operate between Charlotte 
and Kings Mountain via Highways Nos. 29 and 74 and over Highway 
No. 7 via Belmont, McAdenville, Lowell, Ranlo to Gastonia and over 
No. 161 via Bessemer City in accordance with agreement dated August 
24, 1932, copy of which appears on the back of Certificate No. 240 
outstanding in the name of Queen City Coach Company, Inc. 

(2) From Charlotte to North Carolina-South Carolina State Line 
via Pineville over Highway No. 21 and from Pineville to North Caro- 
lina-South Carolina State Line via U. S. Highway No. 521. 

(3) From Tennessee-Virginia State Line (near Zionville) to Winston- 
Salem via Boone, North Wilkesboro, Brooks Cross Roads, and Yadkin- 
ville over Highway No. 421. 



116 N. C. Utilities Commission 

(4) From Shelby to Winston-Salem via Fallston, Belwood, Toluca, 
Morganton, Lenoir, Wilkesboro, Ronda, Elkin, Boonville and East Bend 
over Highways Nos. 18, 268, 21 and 67. 

(5) From Lenoir to Statesville via Taylorsville over Highway No. 
90 and Taylorsville to Wilkesboro via Moravian Falls over Highway 
No. 16. 

(6) From Virginia-North Carolina State Line (between Mount Airy, 
N. C, and Hillsville, Va.) to Greensboro via Mount Airy, Pilot Moun- 
tain, Rural Hall, Winston-Salem, Kernersville and Friendship, over 
Highways Nos. 52 and 421; and 703 between Winston-Salem and 
Kernersville; and 311 between Winston-Salem and High Point. 

(7) From Virginia-North Carolina State Line to Twin-Oaks via 
Highway No. 21 (also No. 221). 

(8) From Jefferson to Statesville via Scottville, Sparta, Roaring 
Gap, Elkin, Brooks Cross Roads, and Harmony over Highways Nos. 16, 
221 and 21. 

(9) From Jefferson to Boone via Baldwin over Highway No. 221. 

(10) From Winston-Salem to Raleigh via Lexington, Asheboro, Siler 
City, Pittsboro and Cary over Highways Nos. 52 and 64. 

(11) From Greensboro to Virginia-North Carolina State Line (near 
Pelham) via Reidsville over Highway No. 29. 

(12) From Winston-Salem to Reidsville via Stokesdale and Went- 
worth over Highway No. 158. 

(13) From Tenn.-North Carolina State Line (near Hot Springs, 
N. C.) to South Carolina-North Carolina State Line (near Tuxedo) 
via Hot Springs, Marshall, Asheville, Skyland, Fletcher, Henderson- 
ville and Flat Rock over Highway No. 25; and from Hendersonville 
to South Carolina-North Carolina State Line via Davidson River, 
Brevard and Cedar Mountain over Highways Nos. 64 and 276. 

(14) From Virginia-North Carolina State Line (near Wise, N. C.) 
to South Carolina-North Carolina State Line (near Little River, S. C.) 
via Norlina, Henderson, Franklinton, Raleigh, Clayton, Smithfield, 
Selma, Princeton, Goldsboro, Mount Olive, Warsaw, Kenansville, Tin 
City, Burgaw, Wilmington, Bolivia, Supply and Shallotte, over High- 
ways Nos. U. S. 1, 70, 117, and 17; also Henderson to Durham via 
Oxford and Creedmoor over Highways Nos. 15 and 158; from Franklin- 
ton to Louisburg over Highway No. 56 and from Louisburg to Hender- 
son via Epson over Highway No. 39, and an unnumbered highway 
between Warsaw and Wallace via Magnolia and over Highway No. 41 
between Wallace and Tin City. 

(15) Between Raleigh and Fayetteville via U. S. Highway No. 15A, 
Raleigh, N. C, to Five Points (Cairo) ; N. C. Highway No. 55, Five 
Points (Cairo) to Angier; N. C. Highway No. 210, Angier to Lilling- 
ton; and U. S. Highway No. 15A, Lillington to Fayetteville; subject 
to the restriction hereinafter set forth. That in the operation granted 
in Order in Docket No. 1191 outlined above in this paragraph the 
Atlantic Greyhound Corporation shall not have the right to transport 
passengers originating at Raleigh destined to Fayetteville, passengers 
originating at Fayetteville destined to Raleigh, passengers originating 



Decisions and Adjustments of Complaints 117 

at Raleigh destined to points on U. S. Highway No. 15A between 
Raleigh and Five Points (Cairo), including Five Points (Cairo), and 
passengers originating at Fayetteville destined to points between Five 
Points (Cairo) and Raleigh on U. S. Highway No. 15A, nor passengers 
originating at Fayetteville destined to points beyond Raleigh not on 
the Atlantic Greyhound Lines. 

(16) Raleigh to North Carolina-South Carolina State Line, near 
McCall, S. C, via U. S. No. 15A via Fuquay Springs, Kipling, Lilling- 
ton, Bun Level, Fayetteville, Raeford, Wagram and Laurinburg, with- 
out privilege of local operation between Raeford and Fayetteville and 
operation over that part of the route between Raleigh and Lillington 
being restricted to the transportation of passengers whose origin or 
destination is between Lillington and Fayetteville, not including either, 
and points included on the routes above given south of Fayetteville. 

Barbour's Motor Express (R. H. Barbour, Owner), Fuquay Springs, N. C. 
Franchise Certificate No. 386. 

Freight. 

Routes: Between Raleigh and Fayetteville, Highway No. 21; and be- 
tween Cardenas and Fayetteville, Highways Nos. 55, 60 and 22, via 
Angier, Coats, Erwin, Dunn and Godwin. 

Amended December 20, 1940, (Docket No. 2123) to include: Lillington 
to Fayetteville via Manchester and Fort Bragg over Highways Nos. 
210 and 87; also over unnumbered Highway from Fayetteville to entrance 
to Fort Bragg Reservation via State Normal School. 

Beatty's Ford Bus Company, Charlotte, N. C. Franchise Certificate No. 517. 
Passenger. 

Routes: From Charlotte over Beatty's Ford Road via Hopewell and 
Gilliad to a point known as Stillwell's Store on State Highway No. 73, 
six miles west of Cornelius. 

Bennett Transportation Company, Arthur Bennett and/or Christine 
Bennett, d/b/a Wierwood, Norfolk, Virginia. Franchise Certificate 
No. 485. 
Property Carrier. 

Routes: Between Monroe, N. C, and Winston-Salem, Lenoir, Lumber- 
ton, Fayetteville, Rockingham, Durham, Greensboro, Salisbury, Gastonia, 
Wilmington, Charlotte, Rocky Mount, and Raleigh, North Carolina. 

Black's Motor Express, D. J. Black, Owner, 209 S. Front Street, Wil- 
mington, N. C. Franchise Certificate No. 373. 
Freight. 

Route: Between Wilmington, N. C, and Sanford, N. C, via Delway, 
Clinton, Dunn, Lillington and Jonesboro, Highways Nos. 60 and 53. 
Amended October 1, 1933, to include Wilmington to New Bern, Highway 
No. 30. 



118 N. C. Utilities Commission 

Blizard Motor Express, Incorporated, Mount Airy, North Carolina. Fran- 
chise Certificate No. 448. 
Freight or Express. 

Routes: Between Mount Airy and Greensboro via Winston-Salem and 
Kernersville, Highways Nos. QQ and 60 — U. S. Highways Nos. 52 and 421. 
Amended February 23, 1940, to include Mount Airy to North Carolina- 
Virginia State Line over Highways Nos. 52 and 86 via Bottom and Low 
Gap. See supplemental order in Docket No. 1586 dated February 23, 1940. 

Blue Eagle Bus Line, J. L. and P. Gilmer d/b/a, Winston-Salem, N. C. 
Franchise Certificate No. 521. 
Passenger. 

Route : Starting South on Main Street at Fourth Street to Third Street ; 
West on Third Street to Liberty Street, North on Liberty Street to 
Patterson Avenue, North on Patterson to Glenn Avenue, North on Glenn 
Avenue to City Limits; thence from City Limits to Ogburn Station on 
Route U. S. 311, West from Ogburn Station to Oak Summit. 

Amended April 25, 1938, by adding Ogburn Avenue at Glenn and Chem- 
ical Avenue; thence with Ogburn Avenue to one block beyond Newton 
Street; thence to the right with Capps Street and return on Tise Avenue 
to Efird Street; thence with Efird Street to Glenn Avenue as outlined 
on a map of the city of Winston-Salem presented as Exhibit No. 2-A. 

Blue Ridge Trucking Company, Nemiah Goldstein and Barnard Goldstein 
d/b/a, 101 South Lexington Street, Asheville, N. C. Franchise Cer- 
tificate No. 492. 
Freight. 

Routes: Asheville and Hendersonville over Highway No. 25; thence 
to Brevard over Highway No. 64; thence from Brevard over Highways 
Nos. 280 and 191 to Asheville, daily beyond Brevard to Lake Toxoway 
via Rosman over Highway No. 64. 

Booze Truck Line, Roanoke, Virginia. Franchise Certificate No. 432. 
Freight. 

Routes: Between Winston-Salem, N. C, and N. C. -Virginia State Line, 
Highway No. 77, destination Roanoke, Va. 

Brooks Transportation Company, Inc., Richmond, Va. Franchise Cer- 
tificate No. 469. 
Freight. 

Routes: From Virginia-North Carolina Line via Route 70 to Reidsville, 
via Route 158 to Wentworth and via Route 48 to Winston-Salem. 

The intrastate right granted to Brooks Transportation Company, Inc., 
Richmond, Va., between Virginia-North Carolina State Line via Route 
70 to Reidsville via Route 158 to Wentworth, Stokesdale and Winston- 
Salem, (Highway No. 158 was formerly 48 between Wentworth and 
Winston-Salem) and was carried in Certificate No. 469, has been leased 
to J. M. Goldston, Individual, doing business as Goldston Motor Express, 
for a period of one year with the privilege of extending the lease for 



Decisions and Adjustments of Complaints 119 

five years and option to purchase at the end of one year from April 12, 
1939. 

Burke Transit Company, Morganton, N. C. Franchise Certificate No. 498. 
Passenger. 

Routes: The following rights and routes copied from order dated May 
23, 1941, in Docket No. 2235: 

1. That the Burke Transit Company be and it is hereby granted 
Franchise rights to operate as motor vehicle passenger carrier over High- 
way No. 181 from Morganton to Salem and return from Morganton 
to Oak Hill and return. 

2. That the agreement entered into between the Burke Transit Com- 
pany and the Atlantic Greyhound Corporation, dated April 28, 1941, by 
which the Burke Transit Company will be permitted to operate as a 
passenger carrier from Morganton to Mt. Home and return and from 
Morganton to Piedmont road and return over U. S. Highway No. 18, 
as lessee under the Franchise rights of the Atlantic Greyhound Cor- 
poration, be and the same is hereby approved, and the right to operate 
as passenger carrier within the limits and subject to the provisions of 
said agreement, it is hereby granted, a copy of said agreement to be 
attached to this order for reference to the provisions thereof. 

3. That the agreement entered into between the Burke Transit Company 
and the Queen City Coach Company, dated May 9, 1941, by the terms 
of which the Burke Transit company will be permitted to operate as 
passenger carrier from Morganton to Stamey's Service Station over 
U. S. Highway No. 70; thence to Drexel, over State Highway No. 114, 
and return, and from Morganton to Glen Alpine over U. S. Highway 
No. 70 and return, under franchise rights of the Queen City Coach Com- 
pany, be and the same is hereby approved, and the rights to operate 
as passenger carrier within the limits and subject to the provisions of 
said agreement is hereby granted, copy of said agreement to be attached 
to this order for reference to the provisions thereof. 

Buckner Transfer Company, R. F. Buckner d/b/a, 101 South Lexington 
Avenue, Asheville, N. C. Franchise Certificate No. 442. 
Freight. 

Routes: Between Spruce Pine, N. C. and Asheville, N. C, daily. 

P. E. Calloway, Washington, N. C. Franchise Certificate No. 458. 
Freight. 

Routes: Between Washington, N. C, and Swan Quarter, N. C, over 
U. S. Highway No. 264 and N. C. No. 91. 

Amended October 18, 1941, to include from Swan Quarter, N. C. to 
Engelhard, N. C, over U. S. Highway No. 264, and return, (See Order 
dated October 8, 1941, in Docket No. 1471.) 

(Six months lease to the Norfolk Southern Bus Corporation approved, 
subject to approval by the Interstate Commerce Commission for sale 
on or before expiration of the six months' date.) 



120 N. C. Utilities Commission 

C. & S. Motor Express Company, North Wilkesboro, N. C. Franchise 
Certificate No. 291. 
Freight. 

Routes: Between North Willcesboro and Winston-Salem, N. C, via 
Highway 60, via Yadkinville and Brooks Cross Roads. 

Carolina Coach Company, Raleigh, N. C. Franchise Certificate No. 147. 
Passenger. 

Routes : In accordance with the agreements between the Carolina Coach 
Company and the Virginia Carolina Coach Company, both of Raleigh, 
N. C, approved by the North Carolina Utilities Commission, in order 
dated the 26th day of June, 1941, Certificate No. 147, in favor of Carolina 
Coach Company, is amended and reissued to read as follows: 

1. Between Charlotte and Raleigh via the intervening towns of Con- 
cord, Salisbury, Lexington, High Point, Greensboro, Burlington and 
Hillsboro, over U. S. Highways Nos. 29 and 29-A between Charlotte and 
Salisbury; U. S. Highways Nos. 52, 29 and 70 between Salisbury and 
Lexington; U. S. Highways Nos. 29 and 70 between Lexington and Greens- 
boro; U. S. Highway No. 70 and also via N. C. Highway No. 100 between 
Greensboro and Burlington; U. S. Highway No. 70 between Burlington 
and Raleigh via Hillsboro and Durham, N. C. Highway No. 54 between 
Graham and Nelson via Chapel Hill; U. S. Highway No. 70-A and U. S. 
Highway No. 15-A between Durham and Raleigh; between Graham 
and Burlington via N. C. Highway No. 87; and between Graham and 
Haw River via N. C. Highway 49. 

2. Between Charlotte and Raleigh via the intervening towns of Albe- 
marle, Mount Gilead, Biscoe, Carthage, Sanford, Moncure, Apex and Gary 
over N. C. Highway No. 27 between Charlotte and Carthage; U. S. High- 
ways Nos. 1, 15 and 501 between Carthage and Sanford; U. S. Highways 
Nos. 15, 1, 64 and 501 between Sanford and Raleigh via Moncure, New 
Hill, Apex and Gary; also between N. C. Highway No. 27 and Mount Gilead 
via N. C. Highway No. 73 and N. C. Highway 109; between Red Cross 
and Oakboro via N. C. Highway No. 742; between N. C. Highway No. 
27 and Hemp via N. C. Highway No. 705. 

3. Between Raleigh and Fayetteville via the intervening towns of 
McCullers, Varina, Fuquay Springs, Lillington, Erwin, Dunn, Godwin 
and Wade over U. S. Highways Nos. 15-A, 421 and 301. 

4. Between Durham and Rocky Mount via the intervening towns of 
Wake Forest, Dunn, Spring Hope and Nashville over N. C. Highway 
No. 264, N. C. Highway No. 98 and U. S. Highway No. 64. 

5. Between Raleigh and Spring Hope via the intervening towns of 
Wendell, Zebulon and Pilot over U. S. Highway No. 64. 

6. Between Zebulon and Washington, N. C, via the intervening 
towns of Bailey, Wilson, Farmville and Greenville via U. S. Highway 
No. 264. 

7. Between Dunn and Rich Square, N. C, via the intervening towns 
of Smithfield, Selma, Lucama, Wilson, Pinetops, Macclesfield, Crisp, 
Tarboro, Leggett, Lawrence and Scotland Neck via U. S. Highway 
No. 301, between Dunn and Wilson; N. C. Highway No. 42 between 



Decisions and Adjustments of Complaints 121 

Wilson and Pinetops; N. C. Highway No. 124 between the junction of 
N. C. Highways Nos. 42 and 124 and Crisp; an unnumbered County Road 
between Macclesfield and Pinetops; U. S. Highway No. 258 between the 
Junction of N. C. Highway No. 43 and U. S. Highway No. 258 and 
Rich Square; N. C. Highway No. 44 between Tarboro and Leggett; and 
N. C. Highway No. 95 between Leggett and Lawrence. 

8. Between Rocky Mount and Williamston via the intervening towns of 
Heartsease, Tarboro, Parmele and Robersonville over U. S. Highway 
No. 64. 

9. Between Goldsboro and Snow Hill via U. S. Highway No. 70 and 
N. C. Highway No. 102. 

10. Between Goldsboro and Greenville via the intervening towns of La 
Grange, Kinston, Grainger, Grifton and Ayden via U. S. Highway No. 
70 and N. C. Highway No. 11. 

11. Between Roanoke Rapids and Jacksonville, N. C, via the inter- 
vening towns of Weldon, Halifax, Enfield, Whitakers, Battleboro, Rocky 
Mount, Pinetops, Crisp, Farmville, Snow Hill, Kinston and Richlands 
and over Highways Nos. N. C. 47, U. S. 158, U. S. 301, N. C. 43, N. 
C. 42 and U. S. 258. 

12. Between Durham and Chapel Hill via U. S. Highway No. 15. 
Amended June 26, 1941, subject to the conditions and otherwise in 

accordance with the order of October 1, 1940, to include the following 
streets in and about Kannapolis, N. C: 

a. Main-East Seventh-Lane Elwood- Venus-Cannon Blvd. Ridge Ave. 

b. Main-East F-Centerview-Center Grove Rd. to Royal Oaks Develop- 
ment. 

c. Main-West First-Elm-Eighth-North Walnut-Eleventh-Kimball-Snipe- 
Main. 

d. Main-Beth Page Rd. 

13. Amended September 9, 1941, by adding: Wilson to Snow Hill via 
Nos. 264, 58 and 102; Snow Hill to Ayden over N. C. No. 102. (See 
Docket No. 2263, order dated July 30, 1941.) 

14. Amended September 9, 1941, by adding: From Greenville to Pine- 
tops via N. C. No. 43, serving Bruce and Falkland. (See Docket 2263, 
order dated July 30, 1941 as to Virginia-Carolina Coach Co.) The Com- 
mission reserves the right upon more convincing evidence of financial 
ability and necessity, to hereafter grant franchise rights to Paul T. Ricks 
from Rocky Mount to Norlina via State Highway No. 43, and the right 
to connect said route with Greenville over State Highway No. 43. (See 
order referred to in this paragraph.) 

Amended December 9, 1941, to include: Between intersection of High- 
way No. 95 and U. S. Highway No. 264 east of Zebulon and Lawrence 
over Highway No. 95 via intervening towns of Stanhope, Rocky Mount 
and Leggett. (Order in Docket No. 2450.) 



122 N. C. Utilities Commission 

Carolina Scenic Coach Lines, McD. Turner, Owner, 231 E. Main Street, 
Spartanburg, S. C. Franchise Certificate No. 68. 



5r. 

Routes: Hendersonville, N. C. and Tryon, N. C, Highway No. 191; 
Elk Park, N. C. to the N. C.-S. C. State Line, near Cliffside, Highways 
Nos. 194, 19, 20 and 207 via Newland, Woodlawn, Marion and Ruther- 
fordton. 

Amended March 6, 1933, to include Hendersonville to Asheville, High- 
way No. 191, without privilege of picking up passengers in Henderson- 
ville for Asheville, except for that part of Asheville west of the French 
Broad River, known as West Asheville or in Asheville on the east side 
of the French Broad River for Hendersonville. 

Amended October 16, 1940: Above restrictions removed by order of 
court. 

Amended June 23, 1938, to include route from the North Carolina- 
South Carolina State Line to Shelby, North Carolina, over Highway 
No. 18. 

Amended December 18, 1939, to include between Shelby, N. C, and the 
South Carolina State Line via Patterson Springs and Earl. (This amend- 
ment was unopposed.) 

Carolina Coach Company of Virginia, Richmond, Va. Franchise Certifi- 
cate No. 428. 

Passenger. 

Routes: In accordance with the agreements between the Virginia- 
Carolina Coach Company and the Carolina Coach Company, both of 
Raleigh, North Carolina, approved by the North Carolina Utilities Com- 
mission in order dated the 26th day of June, 1941, Certificate No. 428 
in favor of the Virginia-Carolina Coach Company is hereby amended and 
reissued to read as follows: 

1. Between Raleigh and the Virginia-North Carolina State Line north 
of Corapeake on N. C. Highway No. 32 via the intervening towns of 
Rolesville, Louisburg, Engleside, Warrenton, Littleton, Weldon, Carys- 
bury, Jackson, Conway, Murfreesboro, Winton, Gatesville and Sunbury 
over N. C. Highway No. 59, U. S. Highway No. 158 and N. C. Highway 
No. 32. 

2. Between the Virginia-North Carolina State Line north of Pleasant 
Hill, N. C, on Highway U. S. No. 301 to Garysburg, via Pleasant Hill 
over U. S. Highway No. 301. 

3. Between the intersection of N. C. Highway No. 47 and U. S. Highway 
No. 301 to the intersection of N. C. Highway No. 47 and U. S. High- 
way No. 158 via Roanoke Rapids over N. C. Highway No. 47. 

4. Between Rich Square and Virginia-North Carolina State Line via 
the intervening towns of Woodland, Murfreesboro and Como, over High- 
way No. 258. 

5. Between Woodland and Conway via Potecasi, over N. C. Highway 
No. 35; between intersection of N. C. Highways Nos. 305 and 35 and 
Woodland via N. C. Highway No. 35. 



Decisions and Adjustments of Complaints 123 

6. Between Rich Square and Winston, via the intervening towns of 
Aulander and Ahoskie, over N. C. Highways Nos. 305, 350 and 97. 

Carolina Stages, 207 Magnolia Street, Spartanburg, S. C. Franchise Cer- 
tificate No. 490. 

Passenger, Light Express and Mail. 

Routes: From North Carolina-South Carolina State Line to the City 
of Charlotte, N. C, by way of Shopton, Big Steel Creek Church, Neigh- 
borhood Store over Mecklenburg County Highway; also from one-half 
mile north of Big Steel Creek Church to Neighborhood Store (or Wil- 
mont) by way of Dixie and Brow Hill. 

Carolina- Virginia Lines, J. C. Gilley d/b/a, Leaksville, N. C. Franchise 
Certificate No. 99. 

Passenger. 

Routes: From Leaksville-Spray to North Carolina-Virginia State Line, 
destination Danville, Va., via Draper over N. C. Highway No. 700 and 
U. S. Highway No. 29. From Leaksville-Spray to Burlington over N. C. 
Highway No. 54, U. S. Highway No. 168, N. C. Highways Nos. 703 and 
100, via Wentworth, Reidsville, Thompsonville and Ossipee. From Leaks- 
ville-Spray over Highway No. 54 to the North Carolina-Virginia State 
Line en route to Ridgeway and Martinsville, Virginia. August 6, 1940. 

Amended April 8, 1942, by restoring operation from Madison to Greens- 
boro via Stokesdale and Summerfield and from Madison direct. (This 
part of Certificate No. 99 was eliminated by request of the owner on 
December 18, 1934 because the depression had destroyed the business 
between the points mentioned.) 

Central Motor Freight Line, Incorporated, Asheboro, N. C. Franchise 
Certificate No. 495. 
Freight. 

Routes: From Raleigh to Charlotte over Highways Nos. 64, 62, 62- A, 
52 and 27 via Asheboro, New London and Albemarle, subject to condi- 
tions set forth in the order of the Commission dated December 4, 1939. 
(Leased to Piedmont Trucking Company.) 

City Coach Company, Charlotte, N. C. Franchise Certificate No. 426. 
Passenger. 

Routes: From Cramerton north across Route No. 20 to McAdenville 
and Lowell, including Spencer Mountain Highway to Priscilla Mills and 
back to Gastonia over Highway No. 29. 

City Transit Company, John S. and H. M. Mayberry t/a, Elkin, N. C. 
Franchise Certificate No. 476. 
Passenger. 

Routes: From Elkin to State Road via Highway No. 21; thence through 
Jonesville and Arlington to Rena, also via Highway No. 21; thence Elkin 
over Highway No. 268 to intersection of County Road; thence to Austin 
and return via Pleasant Hill on County Road; thence Elkin to Cycle 
through Jonesville. 



124 N. C. Utilities Commission 

Operation under this certificate shall be in accordance with agreement 
at the hearing between applicant and the attorney for the Atlantic Grey- 
hound Corporation as follows: 

Applicant to render hourly service in towns of Elkin, Jonesville and 

Arlington, but service outside of these towns to be limited to one 

schedule coming in and one going out on each shift of the mills served 

by the applicant. 

City Transit Company, K. Herman Fulk d/b/a, High Point, N. C. Franchise 
Certificate No. 483. 
Passenger. 

Routes: Leave corner of West Washington and Main Streets; turn right 
on Main Street; turn left on Main to East Green; turn right on East 
Green to South Hamilton; turn right on South Hamilton to Davis; turn 
right on Davis to South Main; turn left on South Main to City Limits; 
continue on State Highway No. 311 to forks of Highway No. 311 and 
Flynt Hill Road; turn right on Flynt Hill Road to the intersection of 
Highway No. 61 and Flynt Hill Road; turn left on State Highway No. 
61 to State Highway No. 311; turn right on State Highway No. 311 for 
approximately six-tenths of a mile; stop and return same route. 

The following additional route will be covered during the early morn- 
ing hours and late afternoon hours: turn right on State Highway No. 
61 and travel one mile to Trinity, N. C; return over same route to 
intersection of State Highway No. 61 and Flynt Hill Road. 

ZoLLiE A. Collins Truck Line, Kinston, N. C. Franchise Certificate No. 488. 
Freight (Restricted Certificate). 

Routes: To haul brick from Hymans to Wilson via Highways Nos. 55, 
258 and 58 via Kinston and Snow Hill. From Snow Hill to Farmville via 
Highway No. 258; from Kinston to Mt. Olive via Highway No. 55; from 
Kinston to Jacksonville via Highway No. 258; from Jacksonville to Swans- 
boro via Highway No. 24; from Hymans to Beaufort via New Bern and 
Morehead City over Highways Nos. U. S. 70 and N. C. 55; from Hymans 
to Jacksonville over Highways Nos. 55 and 17, via New Bern; from 
Hymans to Oriental over Highways Nos. 302 and 55, via New Bern and 
Bridgeton; from Hymans to Wilmington over Highways Nos. 55, U. S. 
17, N. C. 43, N. C. 11 and U. S. 64, via New Bern, Vanceboro and Bethel; 
from Hymans to Columbia over Highways Nos. 55, 97 and U. S. 64, 
via New Bern, Vanceboro, Washington and Plymouth. 

To haul fertilizer between Wilmington and Kinston over Highways 
Nos. 17 and 258. 

To haul tobacco between Kinston and Wilson, over U. S. Highways 
Nos. 258 and 58; between Kinston and Greenville, over Highway No. 11; 
between Kinston and Farmville, over U. S. Highway No. 258; between 
Kinston and Goldsboro, over U. S. Highway No. 70; between Kinston and 
Durham via Smithfield over U. S. Highway No. 70; between Kinston 
and Wallace, over N. C. Highway No. 11 and U. S. Highway No. 117, via 
Kenansville. 

The carrier named herein had the franchise of John Reedie Pate leased 
and Mr. Pate cancelled it out on him without notice and this certificate 



Decisions and Adjustments of Complaints 125 

is being issued for the purpose of permitting Mr. Collins to operate until 
we can hear his application now on file with this Commission. Mr. Collins 
will not be permitted to operate under this certificate longer than until 
December 31, 1940. 

Colonial Bus Lines, D. T. Ramsey d/b/a, Louisburg, N. C. Franchise 
Certificate No. 519. 

Passenger. 

Routes: Between Rocky Mount and Camp Butner via N. C. Highway 
No. 43 to Red Oak; thence over unnumbered highway from Red Oak to 
Nashville; thence over N. C. Highway No. 58 to junction of N. C. Highway 
No. 56, north of Castalia; thence over N. C. Highway No. 46 to Creed- 
moor via Louisburg and Franklinton; thence to Camp Butner over 
highways within and adjacent to the reservation. (See Docket No. 2551 
and order therein.) 

Colonial Motor Freight Line, High Point, N. C. Franchise Certificate 
No. 463. 

Freight. 

Routes: High Point to New Bern over U. S. Highway 70; High Point 
to Raleigh over U. S. Highway 70; to Washington over Highway No. 264; 
to Williamston over Highway No. 17; return over Route No. 64 to 
Raleigh; thence to High Point on U. S. Highway No. 70; High Point 
to Rockingham over U. S. Highway No. 220; to Wilmington on Highway 
No. 74; and return by Highway No. 421 to Julian; thence to High Point 
over Highway No. 61. 

Applicant may deliver commodities shipped by his line to consignee when 
the delivery point is not more than twenty-five miles removed from the 
routes as set out in the answer to question seven, and may accept ship- 
ments and call for same when the point of origin of such shipment is 
not more than twenty-five miles distant from said routes. 

Colonial Motor Freight Line, High Point, N. C. Franchise Certificate 
No. 463-A. 
Freight and Express. 

Routes: Between Charlotte, North Carolina, and New Bern, North 
Carolina, over Highways Nos. 29, 29-A and 70 and 70-A, and return via 
the intervening towns of Concord, Salisbury, Lexington, High Point, 
Greensboro, Burlington, Durham, Raleigh, Smithfield, Goldsboro and 
Kinston. 

For the purpose of operation the above route is divided into three 
sections as follows: Western Section from Charlotte to Greensboro; Cen- 
tral Section from Greensboro to Raleigh; Eastern Section from Raleigh 
to New Bern. No local operation in any one of the three sections. All 
shipments shall consist of movements from one section to the other. 

(For authority for this Certificate and the conditions and limitations 
thereon, see Docket No. 1316, Order dated November 5, 1941.) 



126 N. C. Utilities Commission 

Community Transit Lines, P. Gilmer, Agent, P. 0. Box 1014, Winston- 
Salem, N. C. Franchise Certificate No. 510. 
Passenger. 

Routes: Guilford Station to Guilford College then Friendly Road to 
City Limits of Greensboro. Then Terrace Drive to West Market Street 
to Forbis Street, returning same route with stops on Market Street to 
pick up passengers. 

Conover-Newton Bus Line, Newton, N. C. Franchise Certificate No. 473. 
Passenger. 

Routes: From Conover to Newton via U. S. Highway No. 321 and 
N. C. Highway No. 70. (Applicant holds authority from both Newton 
and Conover to operate between each town and this certificate grants 
authority to extend the operation from either town to the other over 
highways mentioned above.) 

Danville and Durham Motor Freight Line, J. A. Mannooch, Owner, 
726 Temple Avenue, Danville, Va. Franchise Certificate No. 312. 
Freight. 

Routes: Durham to the North Carolina-Virginia State Line, destination 
Danville, Virginia, via Highways Nos. 55, 48 and 14, via Roxboro and 
Leasburg; Spray to the North Carolina-Virginia State Line via Highways 
Nos. 770, 54, 48 and 70 via Reidsville; Spray to the North Carolina- 
Virginia State Line via the highway following the Dan River. (Authority 
to pick up in Spray for Reidsville or in Reidsville for Spray is not 
granted.) 

Durham Transportation Corporation, Durham, N. C. Franchise Certifi- 
cate No. 515. 
Passenger. 

Routes: From Durham to Camp Butner over Highway No. 15, and 
from Highway No. 15 over any road to said camp entrance that now 
exists or may hereafter be constructed, provided: That said operation 
between Durham and the point on Highway No. 15, at which the operation 
leaves said Highway No. 15 for the camp entrance, shall be with closed 
doors from the limits of Durham, except for bona fide workmen at the 
camp. 

Subject to conditions, limitations and provisions fully set out in the 
order of this Commission dated April 28, 1942, in Docket No. 2360. 
Eastern Motor Express, J. Gilbert Cox d/b/a, Winston-Salem, N. C. 
(Home Terminal 1111 Campbell Ave., S. E., Roanoke, Va.) Franchise 
Certificate No. 527. 
Freight. 

Routes: Between Winston-Salem, N. C. and N. C.-Va. State Line, via 
Highway No, 77, destination Roanoke, Va. 
Engelhard-Washington Bus Company, Mrs. S. M. Gibbs, Owner, Swan 
Quarter, N. C. Franchise Certificate No. 401. 
Passenger. 

Routes: Between Washington and Engelhard; Washington over Route 
No. 91, via Belhaven, Scranton, Swan Quarter to Engelhard. June 
12, 1940. 






Decisions and Adjustments of Complaints 127 

Amended May 4, 1937, to include Highway No. 92 from the intersection 
of Highway No. 91 to Bayview and community. 

Effective June 13, 1937, by virtue of the authority contained in cer- 
tificate filed with this office, this certificate is transferred to Mrs. S. M. 
Gibbs, making her sole owner of the operation. 

Amended September 7, 1939, to include Engelhard, N. C, over unnum- 
bered highway on the north side of Mattamuskeet Lake to Fairfield ; thence 
over Highway No. 94 to Columbia via Kilkenny with Gum Neck as off 
route point, if and when the road between Gum Neck to the intersection 
of Highway No. 94 can be traveled by bus with safety. 

ET & WNC Motor Transportation Company, Johnson City, Tenn. Fran- 
chise Certificate No. 181. 
Freight. 

Routes: Asheville, N. C. to the North Carolina-Tennessee State Line 
via Spruce Pine and Elk Park, Highway No. 69; Spruce Pine to the 
North Carolina-Tennessee State Line via Bakersville, Highway No. 19; 
operation over Highways Nos. 692, 197 and 104 from their junctions 
with Highway No. 69 to their junctions with Highway No. 19; Elk Park 
to Banner Elk, Highway No. 194; Cranberry via Newland, Linville, Pin- 
nacle and Crossmore back to Cranberry, Highways Nos. 194, 181, 691 
and 194. 

Fort Bragg Coach Company, Fayetteville, N. C. Franchise Certificate 
No. 166. 

Passenger. 

Routes: Between Fayetteville and Fort Bragg, Highway No. 53. Per- 
mission is hereby granted to Fort Bragg Coach Company to lease to 
Greensboro-Fayetteville Bus Line the operation called for in the foregoing 
Franchise Certificate No. 166, in accordance with lease agreement entered 
into August 21, 1931, on file with the Commission, which became effective 
September 1, 1931. 

Fredrickson Motor Express Corporation, P. O. Box 1146, Charlotte, N. C. 
Franchise Certificate No. 70. 
Freight. 

Routes: Charlotte to Greensboro, U. S. Highways Nos. 29 and 29-A; 
Lexington to Winston-Salem, U. S. Highway No. 52; Charlotte to States- 
ville, U. S. Highway No. 21 ; Charlotte to Lenoir, N. C, Highway No. 27 
and U. S. Highways Nos. 64 and 321; Charlotte to Asheville via Shelby 
and Hendersonville, U. S. Highways Nos. 74, 64 and 25 and via Cliffside 
over N. C. Highway No. 120 and thence to Forest City over U. S. High- 
way No. 221; and Gastonia to Belmont via N. C. Highway No. 7; 
Statesville to Winston-Salem, U. S. Highways Nos. 64 and 158; Salis- 
bury to Asheville via Statesville, U. S. Highways Nos. 64 and 70; Shelby 
to Lincolnton, N. C. Highway No. 150; Cherryville to Bessemer City, 
N. C. Highway No. 274 and No. 161, Kings Mountain to Gastonia; 
Hickory to Asheville, U. S. Highways Nos. 64 and 70. 

Off route points : Cramerton, Drexel, Lawndale, Fallston, Derita, Latti- 
more. Boiling Springs, Flat Rock, N. Flat Rock, Ruth, Mt. Pleasant, 
Catawba, Bryce. 



128 N. C. Utilities Commission 

Kathryn N. Fulk, 714 Brookside Drive, High Point, N. C. Franchise 
Certificate No. 528. 
Passenger. 

Routes: From the corporate limits of Winston-Salem southwardly on 
Holston St. Extension to the Waughtown-Clemmons Road; thence east- 
wardly on the Waughtown-Clemmons Road and continuing to N. C, High- 
way No. 150; thence northeastwardly on N. C. Highway No. 150 to 
Arcadia Ave. Extension. (Transferred from Certificate No. 503 — Harry 
E. Nutting.) 

Gastonia Transit Company, Inc., Gastonia, N. C. Franchise Certificate 
No. 526. 
Passenger. 

Routes: (1). Gastonia to Myrtle Hill via Franklin Ave. to Grayson's 
Curve; thence along N. C. No. 7 to Myrtle Hill, and return along same 
route. 

(2). Gastonia to Victory Mill via Broad St. to Gastonia Combed Yarn 
Corporation; thence via Fifth Ave. for one block to Marietta St.; thence 
via Marietta St. to Marietta St. Extension via Seminole Mill and Osceola 
Mill; thence via an unnamed hard-surfaced highway to Victory Mill, and 
return same route. 

(3). Gastonia to Orthopaedic Hospital via East Franklin Ave. to 
Belvidere Ave.; thence along Belvidere Ave. to Wilkinson Boulevard to 
New Hope Road; thence along New Hope Road to Orthopaedic Hospital, 
and return by same route. 

(4). Gastonia to Ridge Hill via York St. to Third Ave.; thence along 
Third Ave to Chester St. (U. S. No. 3211); thence along Chester St. to 
Seventh Ave.; thence along Seventh Ave. to York St.; thence along 
York St. and U. S. 321 to Ridge Hill, and return along same route. 

(5). Gastonia to Davidson Ave. via Dallas St. to Page Ave.; thence 
along Page Ave. to North York St.; thence along North York St. to 
Davidson Ave.; thence along Davidson Ave. to Marietta, and return 
along same route. 

(6). Over Airline Ave. via Gaston Ave. Linwood St., Carolina Ave., 
Jackson Road to York Road, and return along same route. 

Georgia Motor Express, Inc., 10 Krog Street, N. E., Atlanta, Georgia. 
Franchise Certificate No. 421. 

Freight. 

Routes : Between Asheville, N. C, and the North Carolina-Georgia State 
Line, destination Atlanta, Georgia, via Waynesville, Sylva and Franklin, 
Highways Nos. 10 and 285, without privilege of local operation on that 
part of route between Asheville and Waynesville. 

Goldston Motor Express, J. M. Goldston d/b/a, Spray, N. C. Franchise 
Certificate No. 402. 
Freight. 

Routes: Between Draper and Greensboro via Leaksville-Spray and 
Reidsville, Highways Nos. 770, 54, 48 and 70 and between Leaksville 
and Winston-Salem via Stoneville, 770 and 77. 
July 24, 1940. 



Decisions and Adjustments of Complaints 129 

The intrastate right granted to Brooks Transportation Company, Inc., 
Richmond, Va., between Virginia-North Carolina State Line via Route 
70 to Reidsville via Route 158 to Wentworth, Stokesdale and Winston- 
Salem, (Highway No. 158 was formerly 48 between Wentworth and 
Winston-Salem) and was carried in Certificate No. 469, has been leased 
to J. M. Goldston, individual, doing business as Goldston Motor Express, 
for a period of one year with the privilege of extending the lease for five 
years and option to purchase at the end of one year from April 12, 1939. 

Granville Transportation Company, Oxford, N. C. Franchise Certificate 
No. 512. 
Passenger. 

Routes: Between Oxford via Stem to Army Camp and return. Pending 
completion of the old Oxford Road the applicant will be permitted to 
operate over Highway No. 15 and such other roads in the vicinity of the 
camp as may be necessary in order to reach the proper destination in 
the camp area. 

Great Southern Trucking Company, Charlotte, N. C. Franchise Certifi- 
cate No. 462. 

Freight. 

Routes: (a) From Charlotte to Asheville via Belmont, Gastonia, Kings 
Mountain, Shelby, Forest City, Spindale, Rutherfordton and Henderson- 
ville, and intermediate points, over U. S. Highways Nos. 29 and 74 
from Charlotte to Kings Mountain, thence over U. S. Highway No. 74 
from Kings Mountain to Asheville with alternate route from Bat Cave 
to Hendersonville over U. S. Highway No. 64, and thence from Hender- 
sonville to Asheville over U. S. Highway No. 25, and serving Belmont 
as an off -route point; 

(b) From Charlotte to Greensboro via Concord, Kannapolis, Landis, 
China Grove, Salisbury, Spencer, Lexington, Thomasville and High 
Point, and intermediate points, over U. S. Highways Nos. 29 and 29-A, 
over the entire route, and over U. S. Highway No. 70 from Salisbury 
to Greensboro; and 

(c) From Charlotte to High Point via Albemarle, New London, Ashe- 
boro and Archdale, and intermediate points, over N. C. Highway No. 
27 from Charlotte to Albemarle, over N. C. Highway No. 49-A from 
Albemarle to New London, over N. C. Highways Nos. 49-A and 49 
from New London to Asheboro, and thence over U. S. Highway No. 311 
from Asheboro to High Point. 

Greensboro-Fayetteville Bus Line, Inc., Asheboro, N. C. Franchise Cer- 
tificate No. 101. 
Passenger. 

Routes: Greensboro to Fayetteville via Asheboro, Pinehurst, Southern 
Pines, Aberdeen and Raeford, Highways Nos. 70, 75, 702, 50, 70 and 24; 
Greensboro to Fayetteville via Sanford, Highways Nos. 60 and 53; 
Durham to Rockingham via Sanford and Hamlet, Highways Nos. 75, 50, 
204 and 20; Candor to Rockingham via Norman and Ellerbe, Highways 
Nos. 170 and 75; High Point to Asheboro, Highways Nos. 77 and 70; 
Asheboro to Siler City via Ramseur, Highway No. 90. This May 26, 1940. 



130 N. C. Utilities Commission 

Franchise Certificate No. 101 of which the foregoing is a renewal, 
having been hypothecated on February 11, 1931, to J. D. Ross, Asheboro, 
N. C, authority is hereby granted to hypothecate the foregoing Franchise 
Certificate No. 101 issued May 26, 1931, to the Greensboro-Fayetteville 
Bus Line, Inc., to J. D. Ross, Asheboro, N. C, as security for certain 
bonds, subject to the continuing right of the Utilities Commission of 
North Carolina to approve the purchaser under any foreclosure sale. 
This 26th day of May, 1940. 

Amended October 23, 1940, to include — between Fayetteville and Fort 
Bragg Reservation over unnumbered County Road via State Teachers 
College, Gardner's Chapel, Shaw Station, and Overhead Bridge. 

Amended February 1, 1941, to include an unnumbered highway from 
Vass, N. C, through Fort Bragg Military Reservation to Raeford, N. C. 

Amended June 16, 1941, to include Fayetteville to Lillington over 
State Highways Nos. 87 and 210 via Manchester. 

Helms Motor Express, Mrs. Mabel D. Helms, Owner, Albemarle, N. C. 
Franchise Certificate No. 273. 

Freight. 

Routes: Raleigh to Charlotte via Sanford, Carthage, Biscoe, Troy, 
Wadeville, Mount Gilead, Albemarle, Red Cross and Allen over National 
Highway No. 1; Raleigh to intersection of National Highways Nos. 15 
and 501, six miles south of Sanford; thence with Nos. 15 and 501 to Car- 
thage; thence with State Highway No. 27 to Troy; thence with Highway 
No. 109 to Mount Gilead; thence with Highway No. 73 to Albemarle; 
thence with Highway No. 27 to Charlotte. Durham to Aberdeen via 
Chapel Hill, Pittsboro, Sanford, Cameron, Vass and Southern Pines, 
National Highways Nos. 15 and 501 and No. 1; Aberdeen to Pinehurst, 
National Highways Nos. 15 and 501 and Pinehurst to Southern Pines, 
Highway No. 2. (This certificate has been changed to make the routing 
conform to the new highway map numbers. 

Amended June 7, 1938, by adding Pittsboro to Raleigh, via Apex and 
Cary, Highway No. 64 and Pinehurst to Biscoe via West End, Eagle 
Springs, Samarcand and Candor over Highway No. 2; Pinehurst to 
Carthage via Highways Nos. 15 and 501. 

Amended January 31, 1941, to include: From Aberdeen to Raeford over 
Highway No. 211; thence over Highway No. 15-A to Fayetteville and 
return. (See Docket No. 1178.) 

Amended October 9, 1941, by striking from Page 1, the limitation on 
business between Albemarle and Charlotte. 

Amended January 23, 1942, to include: Chapel Hill, N. C, and Durham, 
N. C, Highways Nos. 15 and 501. (This route transferred from Franchise 
Certificate No. 464, Helms Motor Express.) 

S. A. & H. L. Hennis Freight Lines, Mount Airy, N. C. Franchise Certifi- 
cate No. 487. 

Freight. 

Routes: Between Winston-Salem and Burlington, Mebane and Durham, 
U. S. Routes 421 and 70; between Winston-Salem and Reidsville, U. S. 
Routes 158 and N. C. 65; between Winston-Salem and Madison, U. S. 



Decisions and Adjustments of Complaints 131 

Route 311; between Winston-Salem and Mount Airy, U. S. Route 52; 
between Winston-Salem and Boone, U. S. Route 421. 

Restricted to leaf tobacco packed in hogsheads, baskets or sheets; 
empty hogsheads, hogshead material and equipment and supplies used 
in the handling and packing of leaf tobacco. 

Eight's Truck Line, Fred C. Eight d/b/a, Louisburg, N. C. Franchise 
Certificate No. 507. 
Freight. 

Routes: Between Henderson and Wilmington via Louisburg, Zebulon, 
Selma, Smithfield and Clinton over N. C. Highway No. 39 and U. S. 
Highways Nos. 301, 701 and 421. 

Independence Bus Lines, John L. and Powell Gilmer and wives t/a, 
Winston-Salem, N. C. Franchise Certificate No. 516. 
Passenger. 

Routes: Between Winston-Salem and Lewisville over County Road. 

Inter-Carolinas Motor Bus Company, 32 South Lexington Avenue, Ashe- 
ville, N. C. Franchise Certificate No. 406. 
Passenger. 

Routes: Between Charlotte, N. C, and North Carolina-South Carolina 
State Line over N. C. Highway No. 49. January 4, 1941. 

Authority is hereby granted to holder of this certificate to lease the 
operation set forth herein to Smoky Mountain Stages, Inc., of Asheville, 
N. C, for the life of said certificate. This January 4, 1941. 

From Gastonia over U. S. Highway No. 321 (formerly N. C. No. 16) 
to N. C.-S. C. State Line near Clover via Crowders. (Transferred from 
Certificate No. 38 dated July 7, 1925, having been inadvertently left off 
when transfer of certificate was made.) 

D. D. Jones Transfer & Warehouse Company, Inc., P. O. Box 2003, 320 
S. Harrington Street, Raleigh, N. C. Franchise Certificate No. 491. 
Freight. 

Routes: From Raleigh, N. C, to the North Carolina-Virginia State Line 
via Highway No. 59 to Warrenton; Highway No. 158 to Murf reesboro ; 
Highway No. 35 to Winton; Highway No. 30 to Sunbury; Highway 
No. 32 to Virginia State Line and over Highway No. 561 from Louisburg 
to Centerville; thence over Highway No. 58 to the intersection of High- 
way No. 158 via Liberia and shall be restricted to intrastate transporta- 
tion of furniture, crated and uncrated, and furniture manufacturer's 
supplies and accessories. 

Keeter's Bus Company, Mooresville, N. C. Franchise Certificate No. 513. 
Passenger. 

Routes: Between Mooresville and Kannapolis over Highways Nos. 150 
and 152, subject to the reservations, restrictions and conditions set out 
in agreement dated March 26, 1942, between the Carolina Coach Company 
and Harry Keeter trading as Keeter's Bus Company. 



132 N. C. Utilities Commission 

Laurinburg & Southern Railroad Company, Laurinburg, N. C. Franchise 
Certificate No. 520. 

Freight, Express and Mail. 

Routes: From Raeford, N. C, to Johns, N. C, via Laurinburg, over 
U. S. Highways Nos. 501 and 15-A. 

C. A. Lea Transportation Company, Burlington, N. C. Franchise Certifi- 
cate No. 470. 

Passenger. 

Routes: Beginning within the corporate limits of the City of Burling- 
ton at the intersection of Trollinger Street and South Park Avenue via 
South Park Avenue to Hoke Street; thence along Hoke Street to West 
Front Street; thence along Front Street to Spring Street; thence along 
Spring Street from East Front Street to Davis Street; thence along 
Davis Street to Anthony Street; via Anthony Street to Webb Avenue; 
thence along Anthony Street to corporate limits of City of Burlington 
and beyond said corporate limits along Anthony Street to Queen Anne 
Street in Burlington Mills Section; thence along Queen Anne Street to 
Graham Street; thence along Graham Street to Beaumont Avenue via 
Beaumont Avenue to Midway Avenue; thence on Midway Avenue to 
Hopedale Road; thence along Graham and Hopedale Road to corporate 
limits of Town of Graham and Graham Depot; thence along Washington 
Street to Providence Street; via Providence Street and North Main 
Street to Courthouse in Graham, N. C, and return. 

L. J. N. Trucking Company, Incorporated, North Wilkesboro, N. C. 
Franchise Certificate No. 482. 

Freight. 

Routes: Between North Wilkesboro and Boone, Route No. 60; thence 
over Route No. 221 to West Jefferson and Jefferson; thence over Route 
No. 16 to North Wilkesboro, making daily round trips. 

Leicester Bus Line, Glenn Ray d/b/a, 7 Redfern St., Asheville, N. C. 
Franchise Certificate No. 506. 

Passenger. 

Routes: Between Leicester over County Home Road, Emma Road to 
Asheville City limits; thence with West Haywood to destination on 
Patton Avenue, Highway No. 63. 

Lenoir Motor Coach Company, H. D. McLean d/b/a, Lenoir, N. C. 
Franchise Certificate No. 475. 

Passenger. 

Routes: 1. Over North Main Street in City of Lenoir, Finley Avenue, 
Scroggs Avenue, Vance Street and Blowing Rock Road, U. S. Highway 
No. 321 from City limits to Warrior, a distance of about two miles. 

2. West Avenue, West Harper Avenue, Beall Street, Maple Drive, 
Virginia Street, and State Highway No. 90 from City limits to Ander- 
son's Store, a distance of about 3 miles. Dog Ridge Road and Harper- 
town Road, Oak Street. 



Decisions and Adjustments of Complaints 133 

3. South Main Street, East Harper Avenue, Montview Avenue, Nor- 
wood Street and State Highway No. 90 from City limits to the forks of 
the Wilkesboro and Taylorsville Road, a distance of about 1% miles. 

4. South Main Street, South Mulberry Street, Olive Avenue, State 
Highway No. 321 from City limits to intersection of Connolly Springs 
Road; thence out said road to Old Collier's M. E. Church, Harrisburg 
Road, Miller Hill Road, Underdown Avenue, Hill Street, College Avenue. 

5. From Lenoir 1.9 miles to CoUettsville via Warrior. 

Lincolnton Bus Company, J. R. Lewis, Owner, 32 S. Lexington Avenue, 
Asheville, N. C. Franchise Certificate No. 416. 

Passenger. 

Routes: Between Gastonia, N. C, and Lincolnton, N. C, over State 
Highway No. 16. 

LowTHER Trucking Company, J. W. Lowther d/b/a, 220 Tuckaseegee Road, 
Charlotte, N. C. Franchise Certificate No. 480. 

Freight. 

Routes: From Charlotte to Mount Airy over Highways Nos. 21, 268 
and 601 via Statesville, Elkin, Burch and Dobson. With closed doors 
and no pick-up and delivery in Charlotte for Statesville and points 
intermediate thereto north bound; nor at points intermediate for points 
north of Statesville going north; and no pick-up at points north of 
Statesville or at Statesville for points intermediate, to Statesville and 
Charlotte going south. 

January 15, 1940. 

Purchased from S. & E. Transfer Co., operating rights contained in 
Certificate No. 481, May 22, 1940, and effective the same date: 

1. Statesville to Elkin over U. S. Highway No. 21; Elkin to Mount 
Airy over N. C. Highway No. 268 and U. S. Highway No. 601; Mount 
Airy to Mocksville over U. S. Highway No. 601 and Mocksville to States- 
ville over U. S. Highway No. 64, without pick-up in Statesville for 
Charlotte. 

2. From Mocksville over State Highway No. 601 to junction of High- 
ways Nos. 601 and 801; thence over Highway No. 801 to Cooleemee with 
the reservation made for other carriers having operating rights into and 
through Mocksville to use Cooleemee as an off route point. 

May 22, 1940. 

Amended June 11, 1942 to include: Between Mooresville and Winston- 
Salem over Highway No. 801 to junction with U. S. Highway No. 601; 
thence over Highway No. 601 to Mocksville; thence over U. S. Highway 
No. 158 via Barber, Cooleemee, Mocksville and Clemmons with the follow- 
ing off route points: Mazeppa, Mt. Ulla, Bear Poplar, Woodleaf, Cornet- 
zer, Bixby, Advance, Idols, Muddy Creek, Atwood and Frontis. (The 
above amendment is made in accordance with the construction of order 
dated the sixth day of May, 1942, in Docket No. 1975.) 



134 N. C. Utilities Commission 

McLeod's Transfer, Inc., Fayetteville, N. C. Franchise Certificate No. 385. 
Freight. 

Routes: Between Sanford, N. C, and Wilmington, N. C, Highways 
Nos. 53, 60 and 40, without privilege of local operation south of Clinton 
on Highways Nos. 60 and 40. 

Amended July 18, 1940, to include: Sanford to Carthage over U. S. 
Highways Nos. 501 and 15; Carthage to Greensboro via N. C. Highways 
Nos. 27, 22 and 421 via Hallison, High Falls, Coleridge, Ramseur, Frank- 
linville and Climax with closed doors between Carthage and Sanford 
with no pick-up in Sanford for Greensboro nor in Greensboro for Sanford. 

Mars Hill-Weaverville Bus Line, N. J. Holcombe and V. V. Holcombe 
d/b/a, Asheville, N. C. Franchise Certificate No. 433. 

Passenger. 

Routes: Between Asheville Union Bus Station and Mars Hill, N. C, 
over Highways Nos. 23 and 36. 

Amended April 11, 1938, as follows: Beginning at Craggy across 
French Broad River on Gorman's Bridge on temporary Highway No. 63 
to its intersection with State Highway No. 630; along and over said 
Highway to Elk Mountain Cotton Mill; thence County Lateral Road 
known as Elk Mountain Road to Brown's Store; thence Burnsville Hill 
Road to its intersection with temporary Highway No. 63 at Woodfin; 
thence State Highway No. 63 to its intersection with Lexington Avenue 
within the City of Asheville; thence over such streets as permitted by 
the city to the Union Bus Terminal. 

Miller Motor Express, W. W. Miller, Jr., Charlotte, N. C. Franchise Cer- 
tificate No. 304. 

Freight. 

Routes: Charlotte to the N. C.-S. C. State Line, Highways Nos. 26 and 
261, destination Fort Mill, Rock Hill and Chester, S. C; Charlotte to 
Hamlet via Monroe, Wadesboro, Rockingham, Highway No. 20; Laurin- 
burg to Fayetteville via Raeford, Highway No. 24; Fayetteville to Lum- 
berton, Highway No. 22 ; Lumberton to Wilmington via Bolton, Highways 
Nos. 211 and 20, without privilege of local operation on Highway No. 20 
between Bolton and Wilmington. 

(Amendment of September 20, 1932: No freight shipments shall be 
picked up in Laurinburg, Lumberton or Fayetteville destined to any point 
on Route 20 east of Hamlet nor in Wilmington or Fayetteville destined 
to any point on Route 20 east of Hamlet, except such shipments as may be 
received in intercharge traffic from another motor transit or steamship 
line.) 

Effective from and after September 19, 1933, in accordance with pro- 
visions of order of the Commission of that date, the routes covered by 
the foregoing Franchise Certificate No. 304 shall be: Charlotte to the 
N. C.-S. C. State Line, Highways Nos. 26 and 261, destination Fort Mill, 
Rock Hill and Chester, S. C; Charlotte to Wilmington via Monroe, 
Wadesboro, Rockingham, Hamlet, Laurinburg, Lumberton and Bolton, 
Highway 20; Laurinburg to Fayetteville via Raeford, Highway No. 24; 



Decisions and Adjustments of Complaints 135 

Fayetteville to Lumberton, Highway No. 22; Lumberton to Bolton, High- 
way No. 211. 

Motor Transit Company, Raleigh, N. C. Franchise Certificate No. 292. 
Freight. 

Routes: Raleigh and Greensboro, Highway No. 10; Greensboro and 
Fayetteville via Sanford, Highways Nos. 60 and 53; Greensboro and 
Fayetteville via Asheboro, Biscoe, Candor, Eagle Springs, Pinehurst, 
Southern Pines, Aberdeen and Raeford, Highways Nos. 70, 75, 702, 50, 
70 and 24 ; Asheboro to Ramseur, Highway No. 90. Amended December 14, 
1933, to include Henderson, N. C, to the N. C.-Va., State Line, destina- 
tion Richmond, Va., U. S. Highway No. 1. (This route to include via 
Warrenton, Highway No. 48.) 

Amended June 23, 1939, to include Nelson to Graham via Chapel Hill 
over Highway No. 54 and from Durham over Highway No. 55 to the 
intersection of Highway No. 54. This amendment granted, subject to 
conditions set forth in Commission's order of June 23, 1939. (See Docket 
No. 1259.) 

Amended September 18, 1940 (Docket No. 1616) to include from 
Raleigh over Highway No. 59 to Engleside via Louisburg and Rolesville 
and from Engleside over Highway No. 39 to Henderson via Epson. 

Amended December 20, 1940 (Docket No. 2123) to include from Raleigh 
to Fort Bragg via Lillington and Manchester, Highways Nos. 15-A, 210 
and 87 with no pick-up or delivery except at Raleigh and Fort Bragg. 

Amended February 24, 1941 (Docket No. 1611) to include: City of 
Roanoke Rapids for shipments to and from points west and south of 
Henderson. 

Motor Transit Co., Raleigh, N. C. Franchise Certificate No. 292-A. 
Freight. 

Routes: Between Greensboro, N. C, and Winston-Salem via High Point, 
Highways Nos. 10 and 77. 

Motor Transit Co., Raleigh, N. C. Franchise Certificate No. 292-B. 
Freight. 

Routes: Between Raleigh and Durham via Henderson and Oxford, 
Highways Nos. 50, 57 and 75 (Now U. S. No. 1, 158 and 15). From 
Franklinton to Louisburg, Highway No. 56 and Louisburg to Hender- 
son, Highway No. 39. 

Authority is hereby granted to R. S. and M. B. Koonce, d/b/a Motor 
Transit Company, 324 West Lane Street, Raleigh, North Carolina, to 
hypothecate this Certificate No. 292-B to C. S. Manooch, Owner, Raleigh- 
Danville Motor Express, 1605 Scales Street, Raleigh, North Carolina, as 
collateral under agreement and bill of sale dated April 20, 1940, copy 
of which is on file in the office of the North Carolina Utilities Commis- 
sion; conditioned upon the faithful performance of the bill of sale and 
contract, referred to above, by the parties. When the agreements have 
been complied with or if any of the parties thereto fail in their per- 
formance- by the date specified in such agreements this certificate shall be 
returned to this Commission for the cancellation of this authority or such 
other action as may be necessary to be taken at that time. 



136 N. C. Utilities Commission 

Norfolk Southern Bus Corporation, Norfolk, Va. Franchise Certificate 
No. 308. 

Passenger. 

Routes: Elizabeth City, N. C, and the N. C.-Va. State Line, destina- 
tion Norfolk, Va., via Highway No. 34, and Camden, Sligo and Moyock; 
Washington, N. C, to the N. C.-Va. State Line, destination Norfolk, Va., 
Highways Nos. 30, 342, 34 and 341 via Williamston, Windsor, Edenton, 
Elizabeth and South Mills; Williamston to Columbia via Plymouth, Roper 
and Creswell, Highway No. 90. 

Amended October 18, 1941, to include: Between Elizabeth City and 
Weeksville over N. C. Highway No. 170. 

October 18, 1941. 

Amended March 10, 1942, to include: Between South Mills and Sun- 
bury over N. C. Highway No. 30 and U. S. Highway No. 17. (Docket 
No. 2562, Order dated March 10, 1942.) 

Norfolk Southern Bus Corporation, Norfolk, Va. Franchise Certificate 
No. 308-A. 

Passenger and Freight. 

Routes: Between Knott's Island (which is detached from the main land 
of North Carolina by Currituck Sound) from the North Carolina-Virginia 
State Line over Highway No. __„ to Woodley; thence to Knott's Island 
for both interstate and intrastate passenger and freight traffic. 

Norfolk Southern Bus Corporation, Norfolk, Va. Franchise Certificate 
No. 308-B. 

Freight. 

Routes: Between the Virginia State Line and Elizabeth City, N. C, 
over Routes 34 and 30. Between Virginia State Line and Elizabeth City, 
N. C, over U. S. Route 17. From Elizabeth City, N. C, to Edenton, N. C, 
over U. S. Route No. 17. From Edenton, N. C, to connection with U. S. 
Route No. 64 over N. C. Route No 172. From Plymouth, N. C, to Wash- 
ington, N. C, over N. C. Route No. 97-264. From Washington, N. C, to 
New Bern, N. C, over U. S Route No. 17. March 6, 1941. (The above 
rights transferred from Virginia Carolina Transportation Company 
Certificate No. 233.) 

Amended October 18, 1941, to include: Between Elizabeth City and 
Weeksville over N. C. Highway No. 170. 

Harry E. Nutting, 722 S. Hawthorne Road, Winston-Salem, N. C. Franchise 
Certificate No. 503. 

Passenger. 

Routes: From the corporate limits of Winston-Salem southwardly on 
Holton Street Extension to the Waughtown-Clemmons Road; thence 
westwardly on the Waughtown-Clemmons Road and continuing to N. C. 
Highway No. 150; thence northeastwardly on N. C. Highway No. 150 
to Arcadia Avenue Extension. 



Decisions and Adjustments of Complaints 137 

Oteen Bus Company, Inc., 98 Patton Avenue, Asheville, N. C. Franchise 
Certificate No. 411. 

Passenger. 

Routes: Leave Asheville from Pack Square, over College Street into 
HighM^ay No. 20 (now U. S. Highways Nos. 70 and 74) ; thence through 
Beaucatcher Tunnel down to the intersection of Highways Nos. 10 and 
20 at Haw Creek School; thence follows U. S. Highway No. 74 (by Jack 
Weaver's restaurant) via Municipal Golf Course and Recreation Park 
to property known as United States Public Health Hospital at Oteen. 
(This route formerly operated by Oteen Bus Line.) 

OvERNiTE Transportation Company, 204 Stockton Street, Richmond, Va. 
Franchise Certificate No. 511. 

Freight. 

Routes: From Wilmington to Durham via Clinton, U. S. Highway No. 
421; Clinton to Dunn via U. S. Highway No. 701 to Newton Grove and 
Highway No. 55 to Dunn; Dunn to Erwin via U. S. Highway No. 421; 
Erwin to Raleigh via Highway No. 55 and U. S. Highway No. 15-A; 
Raleigh to Durham via U. S. Highway No. 15-A, N. C. Highway No. 9 
and U. S. Highway No. 70. (These routes transferred from Certificate 
No. 455, Ward Transfer Company.) 

The Overnite Transportation Company shall not be allowed to take 
on any freight at Raleigh to be delivered in Durham nor any freight in 
Durham to be delivered in Raleigh. 

Parkway Bus Company, Incorporated, North Wilkesboro, N. C. Franchise 
Certificate No. 486. 

Passenger. 

Routes: Between North Carolina-Virginia State Line South of Galax, 
Virginia, to Mount Airy, N. C, over N. C. Highway No. 89. 

Amended December 2, 1940, to include the following: Sparta to States- 
ville via Laurel Springs, Highways Nos. 18, 421 and 115. (This route 
formerly owned and operated by S. N. & S. Line under Certificate 
No. 459.) 

Amended December 2, 1940, to include the following: Salisbury to 
Mount Airy over Highway No. 601, from Salisbury to Booneville via 
Mocksville and Yadkinville; thence over Highway No. 67 from Boone- 
ville to Elkin; thence over Highway No. 268 from Elkin back to High- 
way No. 601; thence to Mount Airy via Dobson and White Plains and 
return. (This route formerly owned and operated by E. O. Woodie d/b/a 
Salisbury-Mount Airy Coach Company, Salisbury, N. C, Certificate 
No. 479.) 

Amended January 27, 1942, to include: From junction of Highways 
Nos. 18 and 89 via N. C. Highway No. 18 to Sparta and Laurel Springs 
over N. C. Highway No. 88 to jtintion at Highway No. 16; thence to 
Jefferson via Highway No. 16; thence via Highway No. 221 to West 
Jefferson; thence Highway No. 221 to Jefferson; thence Highway No. 
16 to Miller's Creek; thence U. S. Highway No. 421 to North Wilkesboro 
from Traphill and Elkin via County Highway with the condition that 



J 



138 N. C. Utilities Commission 

no turn-around trips to be operated between Miler's Creek and North 
Wilkesboro, N. C. (Docket No. 2032.) 

Amended March 10, 1942, to include: N. C. Highway No. 152 between 
Rockwell and China Grove. (Docket No. 2557.) 

Parkway Bus Company, Incorporated, North Wilkesboro, N. C. Franchise 
Certificate No. 486-A. 
Passenger. 

Routes: Doughton, N. C, and Wilkesboro via Traphill and Hayes. 

Piedmont Coach Company, Wadesboro, N. C. Franchise Certificate No. 454. 
Passenger, Light Express and Mail. 

Routes: Wadesboro to New London via Albemarle over Route No. 80 
(now U. S. Highway No. 52) ; from New London to intersection of 
Highways Nos. 62 and 109 (now Highways Nos. 49-A and 49) over 
Highway No. 62 and from said intersection over Route No. 109 to Winston- 
Salem via Thomasville. 

Amended October 18, 1939, by inserting the word "Newspapers" after 
the word "Passengers" on the first typewritten line designating the class 
of carrier. 

Piedmont Coach Company, Wadesboro, N. C. Franchise Certificate No. 
454-A. 

Passenger, Light Express and Mail. 

Routes: Between Salisbury, N. C, and Norwood, N. C, via Albemarle, 
Highway No. 80 (now U. S. Highway No. 52) ; and between Albemarle 
and Badin, County Highways. 

Amended October 18, 1939, by inserting the word "Newspapers" after 
the word "Passengers" on the first typewritten line designating the 
class of carrier. 

Piedmont Coach Company, Wadesboro, N. C. Franchise Certificate No. 
454-B. 

Passenger, Light Express and Mail. 

Routes: Extract from Commission's Order of February 9, 1940: 

1. That upon compliance with the rules and regulations of this Com- 
mission a certificate of convenience and necessity shall be granted to 
the Piedmont Coach Company to operate a motor vehicle carrier of 
passengers, mail, newspapers and light express from Albemarle to David- 
son via Concord over N. C. Highway No. 73 and return. 

2. A certificate of convenience and necessity be granted to the Pied- 
mont Coach Company to operate as a motor vehicle carrier of passengers, 
mail, newspapers and light express from the intersection of N. C. High- 
ways Nos. 109 and 62 (now 49) in Davidson County to Burlington via 
Asheboro over N. C. Highway No. 62 (now 49) ; thence over U. S. 
Highway No. 220 to intersection of U. S. Highway No. 220 and N. C. 
Highway No. 62 (now 49) ; thence over N. C. Highway No. 62 (now 49) 
to Graham; thence over North Carolina Highway 54 to Burlington and 
return. 



Decisions and Adjustments of Complaints 139 

Piedmont Coach Company, Wadesboro, N. C. Franchise Certificate No. 
454-C. 
Passenger, Light Express and Mail. 

Routes: Between Salisbury and Winston-Salem over N. C. Hip:hway 
No. 150 to junction of N. C. Highway No. 150 and U. S. Highways Nos. 
29 and 70; thence over U. S. Highways Nos. 29 and 70 to Salisbury 
with the following conditions as set forth in Commission's Order of 
October 17, 1941, in Docket No. 2333 from which is quoted the following: 

"(a) The said E. O. Woodie shall establish, with the approval of 
the Commission a schedule which will leave Salisbury in the morning 
and arrive at Winston-Salem by or before 9:00 a.m., a return schedule 
shall be established to leave Winston-Salem for Salisbury not earlier 
than 5:00 p.m. 

(b) The Piedmont Coach Company shall establish, with the approval 
of the Commission, a schedule that shall leave Winston-Salem in the 
morning to arrive at Salisbury by or before 9:00 a.m., a return sched- 
ule shall be established that shall leave Salisbury for Winston-Salem 
not earlier than 5:00 p.m. 

(c) The said E. O. Woodie and the Piedmont Coach Company may 
establish other schedules on this route, with the approval of the Com- 
mission, but they shall be in an equal ratio as between the two franchise 
operators. However, either of the two operators may, with the approval 
of the Commission, and without prejudice to its franchise rights, forego 
establishing schedules to equal in number those that have been estab- 
lished by the other operator. 

In the event of the sale by either company of franchise rights herein 
granted, the other company shall first be given the option of pur- 
chasing such rights." 

Subject to the foregoing conditions, a certificate has been issued to 
E. O. Woodie d/b/a Salisbury-Mount Airy Coach Company of even 
date of this certificate. 

Person Transportation Company, Inc., Roxboro, N. C. Franchise Cer- 
tificate No. 514. 
Passenger. 

Routes: From Roxboro to Surl's Church to Knap of Reeds to the 
center of Camp Butner; or from Roxboro to Bahama to the center of 
Butner Camp. 

Piedmont Mountain Freight Lines, James Edwin Caudill and W. P. 
Billings d/b/a, North Wilkesboro, N. C. Franchise Certificate No. 502. 
Freight. 

Routes: Routes transferred from Franchise Certificate No. 489: North 
Wilkesboro to Elkin via N. C. Highway No. 268; Elkin to Sparta via 
U. S. Highway No. 21 ; Sparta to the North Carolina-Virginia State Line 
via U. S. Highway No. 21. 

Routes transferred from Franchise Certificate No. 410: Between 
Statesville and North Wilkesboro via N. C. Highways Nos. 90 and 16. 

Routes transferred from Franchise Certificate No. 484: Between North 
Wilkesboro and Charlotte via Taylorsville, Conover, Newton and Lincoln- 
ton, over N. C. Highway No. 16; U. S. Highway No. 321 and N. C. 
Highway No. 27, provided that the said Piedmont Mountain Freight Lines 
shall not deliver or accept any freight or express at any point which 



140 N. C. Utilities Commission 

was being served by Fredrickson Motor Express on December 30, 1937, 
except shipments from North Wilkesboro to Newton and from Newton 
to North Wilkesboro; and to include operation over Highway No. 18 
between Wilkesboro and Lenoir via Kings Creek and Bocmer. 

Whereas, Certificate No. 484 issued to M. & M. Motor Express, has 
been hypothecated to the Northwestern Bank of North Wilkesboro, and 

Whereas, Certificate No. 484 is still held as collateral by said bank, and 

Whereas, the operation under said Certificate is being taken over by 
the Piedmont Mountain Freight Lines, and Certificate No. 484 being 
cancelled, and Certificate No. 502 issued in lieu thereof, the said 
Piedmont Mountain Freight Lines is hereby authorized to hypothecate 
Certificate No. 502 to the Northwestern Bank for the purpose of securing 
a loan of $9,500.00, it is 

Ordered, that when said indebtedness has been satisfied, the North- 
western Bank shall notify this Commission in order that this authority 
may be cancelled on the office copy of this Certificate, and it is 

Furthered ordered, that the previous hypothecation, dated March 5, 
1941 to the M. & M. Motor Express, Incorporated, be hereby cancelled. 

Piedmont Trucking Company, W. C. Lucas, Pearlie M. Lucas and A. B. 

Cox d/b/a, Asheboro, N. C. Franchise Certificate No. 509. 

Freight. 

Routes: In order of Feb. 24, 1942, the Commission approved the appli- 
cant's lease of Central Motor Freight Line, Inc., beginning the first day 
of March, 1942, or within five days of the approval of the lease, to the 
first day of March, 1944, subject to such continuing rights as the lease 
agreement may permit. 

The applicant purchased Earl's Transfer from Earl W. Cox, Asheboro, 
N. C, effective on or before April 1, 1942, the Commission to be advised 
of the date when applicant actually assumes control, all the rights, title 
and interest in Franchise Certificate No. 501 in favor of Earl's Transfer, 
Earl W. Cox, Owner, dated September 26, 1941, and covering the 
following routes: Asheboro to Randleman to High Point over Highway 
No. 311; Asheboro to Liberty to Burlington over Highway No. 49; Ashe- 
boro to Candor to Ellerbe to Rockingham over Highway No. 220; Rock- 
ingham to Laurinburg over Highway No. 74; Laurinburg to Aberdeen 
on Routes Nos. 15 and 501; Aberdeen to Pinehurst to West End to 
Candor over Highway No. 211; return to Asheboro over Highway No. 220. 

P. & F. Motor Express, F. L. Formy Duval and 0. P. Corbett, d/b/a, 
Wilmington, N. C. Franchise Certificate No. 295. 

Express or Freight. 

Routes: Wilmington to Hamlet, Highway No. 20; Boardman to Lumber- 
ton via Fairmont, Highways Nos. 72 and 70; Lumberton to Raeford via 
Red Springs, Highway No. 70; also to handle shipments originating at 
points east of Hamlet destined to Charlotte and shipments originating 
in Charlotte destined to points east of Hamlet but may not handle ship- 
ments destined to or shipped from points between Hamlet and Charlotte. 

Effective Sept. 19, 1933, in accordance with provisions of Order of the 
Commission of that date, the routes covered by the foregoing Franchise 



Decisions and Adjustments of Complaints 141 

Certificate No. 295 shall be: Wilmington to Charlotte via Bolton, Lum- 
berton, Laurinburg, Hamlet, Rockingham, Wadesboro and Monroe, High- 
way No. 20; Boardman to Lumberton via Fairmont, Highways Nos. 
72 and 70; Lumberton to Raeford via Red Springs, Highway No. 70. 

Amended Sept. 30, 1933, to include Whiteville to Tabor City, Highway 
No. 23. 

Amended Sept. 12, 1935, to include Wilmington to Shallotte, Highway 
No. 30 and Shallotte to Whiteville, Highway No. 130. 

Amended Dec. 23, 1935, to include Supply to Southport over Route 
No. 130 and from Southport to Town Creek over Routes Nos. 130 and 
303 for shipments north of Wilmington and west of Bolivia. 

Amended March 3, 1937, changing name of holder of Franchise Cer- 
tificate No. 295 from Pierce and Formy Duval, Inc., to P. & F. Motor 
Express, Inc. 

Amended Nov. 1, 1939, to include: Between Wilmington and Fayette- 
ville via Elizabethtown, Highways Nos. 74 and 28; between Elizabeth- 
town and Fayetteville via Clarkton, Lumberton and St. Pauls, Highways 
Nos. 701, 211 and 301 ; between Elizabethtown and Fayetteville via Clinton, 
Highways Nos. 701 and 24 (without pick-up in Wilmington for Clinton). 
(The above route numbers have been changed from those which appear 
on Certificate No. 263 from which this amendment is transferred, so 
as to conform to the current Highway Numbers.) 

Porter's Transfer, A. J. Porter d/b/a. Tabor City, N. C. Franchise 
Certificate No. 508 (Temporary Certificate — good until hearing only). 

Freight. 

Routes: Between Tabor City and Wilmington over U. S. Highways 
Nos. 701 and 74 via Whiteville with no pickup or delivery between White- 
ville and Wilmington and subject to full loads only to points on said line 
herein named. 

Queen City Coach Company, Charlotte, N. C. Franchise Certificate No. 240. 
Passenger. 

Routes: Routes covered by Franchise Certificate No. 240, Queen City 
Coach Company, upon renewal as of February 1, 1940. Since the issu- 
ance on February 1, 1937 of Certificate No. 240, of which this is a renewal 
under Chapter 136, Public Laws of 1927 and amendments thereto, the 
State Highway Commission has changed practically all of the highway 
route numbers and this certificate in being renewed has been made to 
conform to the new numbers, in accordance with the Highway Map, dated 
1939, but in changing the numbers, the cities en route have been named 
so as to properly locate the highways operated by the owner of this 
certificate and its predecessors. 

(1) Between Wilmington and Asheville, over U. S. Highway No. 74, 
via the towns and cities of Leland, Chadbourn, Boardman, Lumberton, 
Maxton, Rockingham, Wadesboro, Monroe, Matthews, Charlotte, Gas- 
tonia, Shelby, Rutherfordton, Lake Lure, and Fairview. 

(1-a) Between Chadbourn and N. C.-S. C. State Line over U. S. 
Highway No. 76 via Cerro Gordo and Fair Bluff. 



142 N. C. Utilities Commission 

(1-b) Between Boardman and Fairmont over N. C. Highway No. 71, 
via Orrum. 

(1-c) Between Lumberton and N. C.-S. C. State Line over N. C. High- 
way No. 41, via Fairmont. 

(1-d) Between Fayetteville and intersection of N. C. Highway No. 
87 with U. S. Highway No. 74 near Acme over N. C. Highway 87, via 
Tarheel, Dublin and Elizabethtown. 

(1-e) Between Raeford and Elizabethtown over N. C. Highway No. 

211 and U. S. Highway No, 701, via Red Springs, Lumberton, Bladen- 
boro, and Clarkton. 

(1-f) Between Fayetteville and N. C.-S. C. State Line over U. S. 
Highway No. 301, via St. Paul, Lumberton and Rowland. 

(1-g) Between Maxton and Goldsboro over N. C. Highway No. 71, 
U. S. Highway No. 301, N. C. Highway No. 102 and U. S. Highway No. 
117 via and Red Springs, Parkton, Fayetteville and Newton Grove. 

(1-h) Between Wadesboro and N. C.-S'. C. State Line over U. S. High- 
way No. 52 via Morven and McFarlan. 

(1-i) Between Monroe and N. C.-S. C. State Line over N. C. Highway 
No. 151. 

(1-j) Between intersection N. C. Highway No. 7 with U. S. Highway 
No. 74, over N. C. Highway 7 via Belmont, McAdenville, Lowell and 
Gastonia. 

(1-k) Between Gastonia and Cherryville over N. C. Highway No. 274, 
via Bessemer City; and between Bessemer City and Kings Mountain 
over N. C. Highway No. 161. 

(1-1) Between Bat Cave and Hendersonville over U. S. Highway No. 
64 via Edneyville. 

(1-m) Between Monroe and N. C.-S. C. State Line (Lancaster) via 
N. C. Highway No. 200. 

(1-n) Between Shelby, N. C. and Salisbury, N. C, over N. C. Highway 
No. 150 via Cherryville, Lincolnton and Mooresville. 

(2) Between Salisbury and N. C.-Tenn. State Line over U. S. High- 
way No. 70, N. C. Highways Nos. 212 and 208 via Statesville, Hickory, 
Morganton, Marion, Asheville, Marshall and Walnut. (Destination over 
N. C. Highway 208 to Greeneville, Terin., and over N. C. Highway No. 

212 to Erwin, Tenn.) 

(2-a) From Junction U. S. Highway No. 70 and N. C. Highway No. 
10 to Newton over N. C. Highway No. 10 via Catawba. 

(2-b) Between Asheville and N. C.-Tennessee State Line over U. S. 
Highway No. 23 via Weaverville, Swiss and Ramseytown. 

(2-c) Between Forks of Ivey via Mars Hill over N. C. Highways Nos. 
213, 213A, and N. C. Highway No. 36 and N. C.-Tenn. State Line via 
Faust and Little Creek. 

(2-d) Between Mars Hill over N. C. Highway No. 213, U. S. High- 
ways Nos. 23, 19E and N. C.-Tenn. State Line near Elk Park via Swiss, 
Burnsville, Micaville, Spruce Pine, Ingalls, Plumtree, and Cranberry. 

(2-e) Between Blowing Rock, N. C. and Marion over U. S'. Highway 
No. 221 via Linville, Pineola, Crossnore, Linville Falls, Asheford and 
Woodlawn. 



Decisions and Adjustments of Complaints 143 

(2-f ) Between Elk Park and Ingalls over N. C. Highway No. 194 via 
Newland and Crossnore. 

(2-g) Between Newland and Linville over N. C. Highway No. 181. 

(2-h) Between Marion and Bakersville over N. C. Highway No. 26 
via Little Switzerland and Penland. 

(2-i) Between Asheville and Oteen over N. C. Highway No. 81 via 
Biltmore and Recreation Park. 

(2-j) From Junction U. S. Highway No. 70 and N. C. Highway No. 
10 to Newton over N. C. Highway No. 10 via Catawba. 

(3) Between Elk Park and Charlotte over N. C. Highway No. 194, 
U. S. Highway No. 321, and N. C. Highway No. 27 via Heaton, Valle 
Crucis, Sugar Grove, Vilas, Boone, Blowing Rock, Lenoir, Hickory, 
Newton, Lincolnton and Mt. Holly. 

(3-a) From Charlotte to Junction County Road and N. C. Highway 
No. 27 at Paw Creek over N. C. Highway No. 271 and County Road. 

(4) Between Fayetteville and Jacksonville over N. C. Highway Nb. 24 
via Clinton, Warsaw, Kenansville and Richlands and from Kenans- 
ville to Kinston over N. C. Highway No. 11 via Deep Run and Pink Hill. 

(4-a) Between Roseboro and Salemburg over N. C. Highway No. 242. 
(4-b) Between Clinton and Dunn over U. S. Highway No. 421. 

(5) Between Wilmington and Fort Fisher over U. S. Highway No. 
421 via Carolina Beach. 

(6) The agreement between Queen City Coach Company and the 
Queen City Lines, Inc., as of August 24, 1932, is hereby carried forward 
as between the Queen City Coach Company and the Atlantic Greyhound 
Corporation. The agreement above referred to provides that neither 
company shall operate any schedule which departs from Charlotte for 
Kings Mountain or from Kings Mountain for Charlotte within one hour 
of the departure of any schedule operated by the other company except 
by the mutual consent of both parties in writing by and with the 
approval of the N. C. Utilities Commissioner, and further provided 
that each shall have an equal right to operate between Charlotte and 
Kings Mountain over both the old and new N. C. State Highways by 
way of the towns of Belmont, McAdenville, Lowell, Ranlo and Gastonia. 

(7) Authority is hereby granted the Queen City Coach Co., Inc., to 
hypothecate the foregoing Franchise Certificate No. 240, dated Febru- 
ary 1, 1940, to the American Trust Co., trustee, as security for indebted- 
ness amounting to $68,850 to the B. & H. Coach Line, Inc., as outlined 
in deed of trust, dated November 25, 1932 and filed with the Utilities 
Commission, subject to the continuing right of the Utilities Commission 
of North Carolina to approve the purchaser under any foreclosure sale. 
February 1, 1940. 

Amended July 15, 1940, subject to complaint and hearing, to include 
State Highway No. 78 from Hamlet to Gibson, N. C, thence over High- 
way No. 79 to the North Carolina-South Carolina State Line, destination 
Bennettsville, S. C. 

Amended February 3, 1941, by adding: From U. S. Highway No. 421 
to the entrance gate of Cape Fear River Shipyards south of Wilmington. 



144 N. C. Utilities Commission 

Amended February 3, 1941, by adding: From U. S. Highways Nos, 
29 and 74, just west of Charlotte over the Dixie Highway to the Army 
Air Base. 

(The above two amendments are made under the Federal Defense 
Emergency Program.) 

Amended May 23, 1941, to include, Highway No. 114 between U. S. 
Highway No. 70 and Drexel. 

Amended September 30, 1941, by adding: Charlotte to Waxhaw over 
State Highway No. 16 via Weddington; thence over State Highway No. 
75 to Monroe. 

Railway Express Agency, Inc., 89 Luckie Street, N. W., Atlanta, Ga. 
Franchise Certificate No. 456, 

Freight. 

Routes: Between Salisbury, N. C, and Norwood, N. C, Highway No. 
80 via Granite Quarry, Rockwell, Gold Hill, Richfield, New London, 
Albemarle and Badin. 

Amended April 24, 1939, to include the following: Winston-Salem to 
Rural Hall to Mount Airy over Highway No. 52; Greensboro to Summer- 
field and Stokesdale over Highway No. 220 to intersection of Highway 
No. 65 to intersection of Highway No. 68 over Highway No. 68 to Stokes- 
dale; Greensboro to Climax and Sanford over Highways Nos. 421, 22 
and 61, said operation to Climax being an off-route over Highways Nos. 
22 and 61 from Highway No. 421; and Silver City to Ramseur over 
Highway No. 64. 

R. & R. Transit Company, Incorporated, Asheboro, N. C. Franchise 
Certificate No. 465. 

Passenger. 

Routes: Over North Fayetteville Street and Highway No. 220 to the 
intersection of Highway No. 49, located three-tenths of a mile beyond 
the end of city franchise limit; thence over Highway No. 62 to Central 
Falls, a distance of approximately four miles. From Asheboro over 
Highway No. 220 and Highway No. 62 to a point about four miles 
from the intersection of said Highway No. 62 with Highway No. 220 
via Central Falls; thence over County Road to Cedar Falls; thence by 
nearest route over County Road to intersection in Highway No. 64; 
thence over Highway No. 64 to Asheboro. 

R. & W. Motor Line, W. M. Holton d/b/a, Grantsboro, N. C. Franchise 
Certificate No. 496. 

Freight. 

Routes: From New Bern to Maribel, to Cash Corner, to Mesic, to 
Hobucken and to Lowland and from Cash Corner to Vandemere, over 
Highways Nos. 17, 55 (old 302), 304 and 307, with closed doors at all 
points between Maribel and New Bern, except for shipments originating 
at Maribel and points east of Maribel destined to points on the Norfolk 
Southern Railroad and for shipments originating at points on the Nor- 
folk Southern Railroad destined to Maribel and points east of Maribel. 



Decisions and Adjustments of Complaints 145 

From Washington via Chocowinity and Aurora to Minnesott Beach, 
over Highways Nos. 17, 33 and 306, with closed doors at Grantsboro to 
and from all points on the Norfolk Southern Railroad between New Bern 
and Oriental, unless the shipments originate or are destined to points 
not served by the Norfolk Southern Railroad and with further condition 
that no freight shall be received at either Washington or Chocowinity 
(which are served by the Norfolk Southern Railroad) for New Bern or 
vice versa. 

The above routing is taken from the Commission's Order of April 8, 
1941, and by this reference is made a part of this certificate. 

RccKY Mount-Norfolk Truck Line, N. F. Spence, Owner (Trading and 
doing business in the name of Carolina-Norfolk Truck Line, Norfolk, 
Va.), Elizabeth City, N. C. Franchise Certificate No. 287. 

Freight. 

Routes: Between Rocky Mount, N. C, and the North Carolina-Virginia 
State Line, Highways Nos. 40, 48 and 12 via Weldon, Murfreesboro, 
and Como, for interstate operation only. 

Amended December 30, 1935, making J. M. Spence, owner. 

Amended August 10, 1932, making J. E. Beamon, owner. 

Rutherford County Transit Company, Rutherfordton, N. C. Franchise 
Certificate No. 523. 

Passenger. 

Routes: (a) Over U. S. Highway No. 74 from Rutherfordton to a 
point about one and one-half miles east of Forest City; thence over an 
unnumbered highway to Bostic, Washburn's Store and Sunshine, and 
return. 

(b) Over N. C. Highway No. 741 from Rutherfordton to Harris, and 
return. 

(c) Over N. C. Highway No. 105 from Rutherfordton to a point 
approximately five miles therefrom, and return. 

(d) Over U. S. Highway No. 74 in a westerly direction from Ruther- 
fordton to a point approximately five miles therefrom, and return. 

(e) Over U. S. Highway No. 221 from Rutherfordton to Gilkey, and 
return. 

(f ) Over N. C. Highway No. 64-A from Rutherfordton to a point about 
one-half mile north of Westminster, and return. 

The rights herein granted include the right to operate over unnumbered 
intersecting highways for a distance of not exceeding three miles from 
the routes above described, all of which said rights are hereby granted 
subject to restrictions set out in an agreement entered into at hearing 
by and between applicants and the Carolina Scenic Coach Lines and the 
Queen City Coach Company, which said agreement stipulates: "This 
franchise certificate is granted with the restriction that the grantee of 
the certificate will not pick up any passengers within one-half mile of 
routes covered by franchise issued to Carolina Scenic Coach Lines and 
Queen City Coach Company." 



146 N. C. Utilities Commission 

Foregoing agreement is approved by the Commission upon condition 
that the Carolina Scenic Coach Lines and Queen City Coach Co. render 
adequate local service to the public within said restricted area. 

Receivers of the Seaboard Air Line Railway, Norfolk, Va. Franchise Cer- 
tificate No. 422. 
Freight. 

Routes: Between Monroe and Hamlet over Highway No. 20. June 9, 1941. 
Amended April 26, 1938, to include operation between Monroe and 
Waxhaw, Highway No. 75. 

Amended August 10, 1939, to include that portion of the State High- 
way No. 77 between Hamlet, N. C, and the N. C.-S. C. State Line. 

Seashore Transportation Company, New Bern, N. C. Franchise Certifi- 
cate No. 122. 

Passenger, Light Express and Mail. 

Routes : The routings on this certificate were consolidated from Certifi- 
cates Nos. 122, dated December 30, 1940, 122-A, dated January 6, 1939 
and 112-B dated September 1, 1936. 

(1) Rocky Mount to Goldsboro via Highway No. 301 to Wilson, and 
Highway No. 117 to Goldsboro. 

(2) Goldsboro to Kinston through La Grange via Highway No. 70, 
and Goldsboro to Kinston via Seven Springs over Highway No. Ill to 
junction 3 miles west of Seven Springs, thence through Seven Springs 
via Highway No. 55 into Kinston. 

(3) From Kinston to New Bern via Highway No. 55 through Fort 
Barnwell; also via Highway No. 70 through Dover and Cove City, and 
via Highway No. 12 through Trenton to Pollocksville. 

(4) From New Bern to Beaufort via U. S. Highway No. 70 through 
Havelock, Newport, Mansfield and Morehead. 

(5) From Havelock to Beaufort via Harlowe via Highway No. 101, 
with Cherry Point as an off-route point. 

(6) From Cherry Point to Camp Bryan at Great Lakes via Havelock 
over unnumbered highway; thence to point half way between Newport 
and Swansboro-Morehead City Road; thence in a northeastern direction 
to North Harlowe-Beaufort Highway No. 101 over unnumbered highway 
as outlined on map. 

(7) From Beaufort to Atlantic Beach via Highway No. 70. 

(8) From Ottway to Harkers Island on an off-route point. 

(9) From Smyrna to Marshallberg via unnumbered highway. 

(10) From Morehead City to Atlantic Beach and Fort Macon via un- 
numbered highway. 

(11) From Mansfield to Jacksonville via Highway No. 24 through 
Swansboro and Piney Green. 

(12) From Washington to Wilmington through New Bern and Jack- 
sonville via Highway No. 17. 

(13) From Greenville to Vanceboro through Calico via Highway No. 
No. 43. 



Decisions and Adjustments of Complaints 147 

(14) From New Bern to Oriental through Grantsboro and Bayboro 
via Highway No. 55. From Grantsboro to Minnesott Beach via Highway 
No. 306 to Arapahoe. 

(15) From Swansboro to Folkston through Marines and Sneads Ferry 
via Highway No. 172. 

(16) From Piney Green to the Hadnot Point Marine Base as an off- 
route point. 

(17) From Jacksonville to Burgaw via Highway No. 53. 

(18) From Wrightsville Beach over unnumbered highway to a junction 
with Highway No. 17 at a point five miles north of Wilmington. 

(19) An alternate route from Rocky Mount to Wilson via Highway 
No. 95 to a junction with Highway No. 58; thence by Highway No. 58 to 
Wilson. 

The Seashore Transportation Company shall not handle any passengers 
originating between Oriental and Grantsboro, destined to points between 
Grantsboro and Washington or to points beyond Washington. 

Shelby Transit Company, Inc., Shelby, N. C. Franchise Certificate No. 444. 
Passenger. 

Routes: Streets of the City of Shelby; extension of East Marion Street, 
N. C. Highway No. 20 from city limits to Cleveland County Fairgrounds; 
Extension of West Marion Street from city limits to Dover and Ora 
Mills and to city limits at East Lee Street. 

Silver Fox Lines, Lewis B. Newman d/b/a, Danville, Va. Franchise Cer- 
tificate No. 493. 

Passenger. 

Routes: From Oxford over U. S. Highway No. 158 to Roxboro, thence 
over Highway No. 57, 62 and 158 to Yanceyville, via Samora and Milton; 
thence from Yanceyville to the N. C.-Virginia State Line over U. S. 
Highway No. 158 and N. C. Highway No. 14 via Purley. 

W. W. Smith, Whitnel, N. C. Franchise Certificate No. 529. 
Passengeir. 

Route: From Rhodhiss over an unnumbered State Highway to Granite 
Falls and from Hudson over the Bumtown Road to where said road 
intersects the Granite Falls-Dudley Shoals Road, and from said inter- 
section to Granite Falls. 

Smith's Transfer Corporation, Lenoir, N. C. Franchise Certificate No. 142. 
Freight. 

Routes: Between Hickory and Boone, Highway No. 17 and between 
Lenoir and Asheville, Highways Nos. 18 and 10. 

Amended July 1, 1932, to include Blowing Rock to the N. C.-Tenn. 
State Line via Linville, Newland, Cranberry and Elk Park, Highways 
Nos. 691, 181 and 69; Boone to Elk Park via Vilas and Banners Elk, 
Highway No. 194. 

Amended November 1, 1933, eliminating Blowing Rock to the N. C.- 
Tenn. State Line via Linville, Newland, Cranberry and Elk Park, High- 



148 N. C. Utilities Commission 

ways Nos. 691, 181 and 69; Boone to Elk Park via Vilas and Banners 
Elk, Highway No. 194, and to include Hickory to Morganton, Highway 
No. 10 and Asheville to the North Carolina-Tennessee State Line, High- 
way No. 20 via Marshall, Walnut and Hot Springs. 

On and after November 1, 1933, it is understood that Franchise Cer- 
tificate No. 142 covers the following routes: Hickory, N. C. to the N. C- 
Tenn. State Line via Morganton, Asheville, Marshall, Walnut and Hot 
Springs, Highways Nos. 10 and 20; Hickory, N. C, to Boone, N. C, High- 
way No. 17; Lenoir, N. C, to Morganton, N. C, Highway No. 18. 

Amended March 1, 1935, to include Asheville to the N. C. -Tennessee- 
Georgia State Line, Highway No. 10, via Waynesville, Dillsboro and 
Murphy with closed doors from Asheville to Waynesville. 

Amended February 4, 1936, to include Asheville to Waynesville, N. C, 
via Canton, Highway No. 10, by transferring from S. H. Miller & Son, 
which removes the closed door provision in the above amendment dated 
March 1, 1935. 

Amended February 22, 1939, by adding Hickory to Statesville, Highway 
No. 70; Statesville to Charlotte, Highway No. 21, in accordance with 
agreement dated February 15, 1939, contained in Docket No. 1535. 

Amended April 5, 1939, to include Charlotte over Highway No. 271 
to intersection of Highway No. 150 near Denver; thence over Highway 
No. 150 through Lincolnton without pick-up or delivery in Lincolnton; 
thence over Highway No. 27 to intersection of Highway No. 18 near 
Toluca; thence No. 18 to Morganton. 

Amended June 17, 1941, to include the following: (Docket 1982) 

1. From Sylva, N. C, to Tuckaseigee, N. C, and return via N. C. 
Highway No. 106. All intermediate points. 

2. From junction U. S. Highway No. 19 and N. C. Highway No. 
107-E to Cherokee, N. C, and return via N. C. Highway No. 107-E. All 
intermediate points. 

3. From junction U. S. Highway No. 19 and N. C. Highway No. 107 
to Cherokee, N. C, and return via N. C. Highway No. 107. All inter- 
mediate points. 

4. From Topton, N. C, to N. C.-Tenn. State Line, and return via U. S. 
Highway No. 129. All intermediate points. 

5. From Murphy, N. C, to Shooting Creek, N. C, and return via U. S. 
Highway No. 64. All intermediate points. 

6. From Murphy, N. C, to N. C.-Georgia State Line, and return via 
N. C. Highway No. 60. All intermediate points. 

7. From Murphy, N. C, to N. C.-Tenn. State Line, and return via 
U. S. Highway No. 64. All intermediate points. 

8. From junction U. S. Highway No. 64 and N. C. Highway No. 294 
to N. C.-Tenn. State Line, and return via N. C. Highway No. 294. All 
intermediate points. 

9. From junction N. C. Highway No. 294 and County Road to T.V.A. 
Skyway via County Road; thence via T.V.A. Skyway to Hiawassee Dam, 
N. C; thence to junction T.V.A. Skyway and N. C. Highway No. 294, and 
return. All intermediate points. 



Decisions and Adjustments of Complaints 149 

Smoky Mountain Stages, Inc., Asheville, N. C. Franchise Certificate 
No. 400. 

Passenger. 

Routes: Between Asheville and Georgia-North Carolina State Line over 
U. S. Highway No. 19, U. S. Highway No. 64 and State Highway No. 60 
via the towns of Candler, Waynesville, Sylva, Bryson City, Murphy and 
Culberson; from Dillsboro to North Carolina-Georgia State Line over 
U. S. Highway No. 23 via the town of Franklin; from Franklin to Pisgah 
Forest over U. S. Highway No. 64 (old State No. 28) via the towns of 
Highlands, Cashiers, Sapphire, Rosman and Brevard with High Hampton 
and Lake Toxaway as off -route points; from Pisgah Forest to Asheville 
over State Highways Nos. 284, 280 and 191, via the towns of Mills River, 
Avery's Creek and West Asheville; from Ela to the North Carolina- 
Tennessee State Line at Newfound Gap over State Highway No. 107; 
from Cherokee to Gateway of State Highway No. 107-E; from inter- 
section of State Highway No. 60 with U. S. Highway No. 64 to Tennessee- 
North Carolina State Line over U. S. Highway No. 64 via Ranger; 
from intersection of State Highway No. 294 with U. S. Highway No. 64 
over State Highway No. 294 to North Carolina-Tennessee State Line 
via Postell with Hiawassee R.V.A. Dam as off -route point; from Rosman 
to North Carolina-South Carolina State Line via U. S. Highway No. 178; 
from Highlands to North Carolina-Georgia State Line over State High- 
way No. 28; from Sylva to Cashiers via Cullowhee, Tuckaseigee and 
Glenville over State Highway No. 106. March 1, 1940. 

Amended May 26, 1941 : To include Sand Hill Road from intersection 
with U. S. Highway No. 19 in West Asheville via Enka to intersection 
of same roads near Enka. To include Franklin over N. C. Highway No. 
28 to Lauada; from Cherokee (Indian Reservation) to Canton over N. C. 
Highways Nos. 293, 110 and 276 via Delwood, Waynesville and Woodrow. 
(See order in Dockets Nos. 1228, 1460 and 2042 issued May 26, 1941.) 

Smoky Mountain Tours Company, 51 Arcade Building, Asheville, N. C. 
Franchise Certificate No. 499. 

Passenger (Restricted). 

Routes: Authority to operate as a restricted common carrier of pass- 
engers as set forth in Commission's Order dated May 25, 1941, in Docket 
No. 1967 as follows: 

From Asheville to any of the following points: Chimney Rock, Mt. 
Pisgah, Mt. Mitchell, Little Switzerland, Blowing Rock, Mitchell Game 
Preserve, Biltmore Estate, Elk Mt. Scenic Highway, Way ah Bald, Frank- 
lin, Buck Creek, High Hampton, Highlands, Soco Gap and from points 
of scenic interest adjacent to Asheville under the following conditions: 

For scenic purposes only and not to pick up and discharge passengers 
enroute, nor charter buses where passenger transportation is the sole 
consideration and such other restrictions as may appear in order referred 
to above and Chapter 136, Public Laws of 1927, and amendments thereto. 



150 N. C. Utilities Commission 

Mrs. J. W. Snow, 432 Fairview Road, Biltmore, N. C. Franchise Certifi- 
cate No. 436. 

Passenge'r. 

Routes: From Pack Square in Asheville, N. C, south along Biltmore 
Avenue, to Biltmore, N. C, to old Fairview Road (old State Highway No. 
20) to the Farmer's Federation Building and return over same route. 

Southeastern Motor Lines, Inc., Bristol, Tennessee-Virginia. Franchise 
Certificate No. 477. 

Freiffht. 

Routes: Boone, N. C. to the N. C.-Tenn. State Line, destination Bristol, 
Tenn. via Highway No. 60 via Vilas and Zionville; Zionville to Lansing, 
via West Jefferson and Warrensville, Highways Nos. 16 and 161; Vilas 
to Elk Park via Banners Elk, Highway No. 194; Blowing Rock to the 
N. C.-Tenn. State Line via Linville, Newland, Cranberry and Elk Park, 
Highways Nos. 28, 181 and 69; Boone to North Wilkesboro, Highway 
No. 60. 

West Jefferson to Winston-Salem via S'parta and Doughton strictly 
upon conditions that you shall not receive or deliver any intrastate ship- 
ments between Winston-Salem and Doughton and neither receive or deliver 
any shipments from Winston-Salem to North Wilkesboro or from North 
Wilkesboro to Winston-Salem. 

Stallings Transfer Service, Rocky Mount, N. C. Franchise Certificate 
No. 227. 

Express or Freight. 

Routes: Between Raleigh, N. C. and Rocky Mount, Highway No. 90; 
Zebulon to Rocky Mount via Wilson, Highways Nos. 91 and 40. 

Amend by adding: Rocky Mount to Williamston, via Tarboro and Bethel, 
Highway No. 90; Williamston to Washington, Highway No. 30; Wash- 
ington to Wilson, via Greenville, Farmville, Highway No. 91. Approved 
7-8-31. 

Amended June 14, 1934, by eliminating — Rocky Mount to Williamston, 
via Tarboro and Bethel, Highway No. 90; Williamston to Washington, 
Highway No. 50; Washington to Wilson, via Greenville and Farmville, 
Highway No. 91. (Transferred to Thurston Motor Lines.) 

Amended October 15, 1937, eliminating the name of M. L. Stallings and 
substituting therefor the names of L. Russell Stallings, Mrs. Annie Stall- 
ings and John L. Barbee, trading as Stallings Transfer Service, Spring 
Hope, N. C, each owning one-third interest in the operation. 

Amended September 23, 1938, to include Rocky Mount to Lawrence via 
Leggett, Highway No. 95; thence Highway No. 258, Lawrence to Rich 
Square via Scotland Neck; thence Rich Square, Highway No. 305 to 
Aulander; thence Highway No. 30, Aulander to Elizabeth City via Ahoskie, 
Winton, Roduco, Gatesville and Sunbury. 



Decisions and Adjustments of Complaints 151 

Statesville Motor Coach Company, Inc., Statesville, N. C. Franchise 
Certificate No. 494. 
Passenger. 

Routes: As set forth in contract between Statesville Motor Coach 
Company and Atlantic Greyhound Corporation: Between Statesville and 
Troutman, Highway No. 21; Statesville and Loray, Highway No. 90, over 
the streets of Statesville. 

Thurston Motor Lines, D. J. Thurston, Jr., d/b/a, Box 1003, Wilson, 
N. C. Franchise Certificate No. 399. 
Freight. 

Routes: Between Goldsboro, N. C, and the North Carolina -Virginia 
State Line via Wilson and Rocky Mount, N. C, Route No. 40 optional 
over 481. 
February 27, 1940. 

Amended June 14, 1934, by adding: Rocky Mount to Williamston, via 
Tarboro and Bethel, Highway No. 90; Williamston to Washington, High- 
way No. 30 ; Washington to Wilson, via Greenville and Farmville, Highway 
No. 91 (Transferred from Stallings Transfer Service, No. 227). 

Amended October 25, 1934, by adding: Wilson to Fayetteville via 
Smithfield and Dunn over Highway No. 22, with limits on shipments 
picked up in Dunn for Fayetteville, or in Fayetteville for Dunn, pro- 
vided that he may operate by Erwin over Routes Nos. 60 and No. 55 
with shipments not originating in Dunn or Fayetteville, for points north 
of Wilson. 

Amended October 25, 1937, in accordance with Commission's Order of 
July 31, 1937, to include service between Wilson and Snow Hill via S'tan- 
tonsburg over North Carolina Highways No. 58 and No. 102; between 
Tarboro and Kinston via Crisp, Fountain, Farmville, and Snow Hill over 
U. S. Highway No. 258; between Rocky Mount and New Bern via Pine 
Tops and Greenville to Vanceboro over North Carolina Highway No. 
43, and thence via Askin and Bridgeton over U. S. Highway No. 17; and 
between Bethel and Kinston via Greenville, Ayden, Grifton and Graingers 
over North Carolina Highway No. 11, subject however, to the follow- 
ing limitations: 

1. That Thurston Motor Lines shall not accept at New Bern and at 
Vanceboro and at points intermediate shipments destined to Norfolk. 

2. That Thurston Motor Lines shall not accept at Snow Hill, Golds- 
boro, Kinston, and New Bern and at intermedate points, shipments 
destined for Snow Hill, Goldsboro, Kinston, and New Bern or inter- 
mediate points. 

Amended July 2, 1938, to include route between Rosemary, N. C, and 
the North Carolina-Virginia State Line via Weldon, Murfreesboro and 
Como, Highways Nos. 48 and 12. (This route formerly operated by J. E. 
Davis, Roanoke Rapids, N. C, under Certificate 296.) 

Amended January 16, 1939, to include: Kinston to Wilmington via 
Route No. 121 to Richlands, via Route 24 to Jacksonville, via Route 30 
to Wilmington, with Deep Run and Pink Hill as off route points. (This 
route formerly operated by Comer Motor Express 446.) 



152 N. C. Utilities Commission 

Amended February 24, 1941, to include: From Wilson over N. C. High- 
way No. 58 to junction with N. C. No. 95; thence over No. 95 to junction 
with N. C. Highway No. 581; thence over Highway No. 581 to Spring 
Hope; from Spring Hope over U. S. Highway No. 64 to junction with 
N. C. Highway 98; thence over Highway No. 98 to junction with N. C. 
Highway No. 91; thence over Highway No. 91 to Durham (Total 75 miles). 
Alternate route from Wilson to Zebulon via U. S. Highway No. 264, with 
the following restrictions: 

Route 1. Closed doors between junction N. C. Highway No. 581 and 
U. S. Highway No. 64, and junction U. S. Highway No. 64 and 
N. C. Highway No. 98. 

Route 2. Closed doors between Wilson and Zebulon over U. S. Highway 
No. 264, including each for freight to the other. 

Amended January 1, 1942, by transfer from Capital Coast Express 
Company, Inc., all the rights, titles and interests conveyed in Franchise 
Certificate No. 450 as follows: 

Between Raleigh and Kinston, Highway No. 10; Kinston to New Bern 
via Highway No. 10 and via Highways Nos. 12 and 30; Kinston to Golds- 
boro via Snow Hill, Highways Nos. 12 and 102. 

Wilmington to Goldsboro, Route No. 40 (Transferred by H. Hunt & 
Company, Franchise Certificate No. 263, to Capital Coast Express Com- 
pany.) 

Clinton over Highways Nos. 24 and 258 to Jacksonville; thence over 
U. S. Highway No. 17 to Pollocksville. Kenansville over Highway No. 
11 to Kinston; thence over Route No. 55 to Jasper and also Clinton via 
Highway No. 403 to Faison. 

Between Raleigh and Mocksville over U. S. Highway No. 64; thence 
over No. 64 to the intersection of State Highway No. 901; thence with 
said Highway No. 901 to the intersection of State Highway No. 115; 
thence with Highway No. 115 to the intersection of U. S. Highway No. 
421, two miles east of Wilkesboro, N. C; thence with U. S. Highway 
No. 421 to North Wilkesboro. The route between Raleigh and Asheboro 
over Highway No. 64 is reserved by the Commission as a bridgeway 
between east and west and the routes herein granted are not exclusive. 

Tide Water Power Company, Wilmington, N. C. Franchise Certificate 
No. 447. 

Passenger. 

Routes: Beginning at Front and Princess Streets and over such streets 
as approved by City Council of Wilmington; thence on Route 20 to 
Wrightsville Beach via causeway and bridge to Wrightsville Beach and 
over such streets as may be approved by Wrightsville Board of Com- 
missioners; also over route from City limits of Wilmington over old shell 
road to Wrightsville Sound. 

The Transport Corporation of Virginia, Blackstone, Va. Franchise Cer- 
tificate No. 497. 

Freight. 

Routes: Winston-Salem, North Carolina, and the following points: 



Decisions and Adjustments of Complaints 153 

Aberdeen, Carthage, Chadbourn, Clarkton, Durham, Fair Bluff, Fair- 
mont, Fuquay Springs, Lumberton, Madison, Mount Airy, Reidsville, 
Sanford, Stoneville, Tabor City, Varina, and Whiteville. 

Union Coach Company, Margaret C. Winchester d/b/a, Monroe, N. C. 
Franchise Certificate No. 504. 
Passenger. 

Routes: Between Concord and Monroe, over N. C. Highway No. 151. 

United Express Company, Henderson, N. C. Franchise Certificate No. 398. 
Freight. 

Routes: Between Henderson, N. C. and Weldon, N. C, via Norlina, 

N. C. 

Virginia-Carolina Transportation Company, Edenton, N. C. Franchise 
Certificate No. 233. 
Freight. 

Routes: Between Edenton and Washington, N. C. over U. S. Highway 
No. 17 via Windsor and Williamston. Between New Bern and Beaufort 
over U. S. Highway No. 70 via Morehead City. (The above route was 
not sold to Norfolk Southern Bus Corporation on March 6, 1941.) 

Virginia Dare Transportation Company, Inc., Manteo, N. C. Franchise 
Certificate No. 342. 
Pcussenger and Freight. 

Route: Passenger: Manteo to Elizabeth City via Nags Head, Kill Devil 
Hill and Currituck Bridge, Highways Nos. 345, 344 and 34. 

Freight: Manteo to Norfolk, Va., Highways Nos. 345, 344 and 34 via 
Kill Devil Hill, Sligo and Moyock. Amended August 1, 1932, to include 
for both passenger and fregiht; Manteo to Wanchese, Highway No. 345. 

Amended May 15, 1933, to include for both passenger and freight the 
route Manteo to Stumpy Point via Mann's Harbor. 

Amended August 6, 1935, in re: Docket No. 328, to include Route No. 
34, Sligo to Elizabeth City for freight operation. 

Amended May 24, 1940, to include between Junction of Highway No. 30 
and "Currituck Short Cut" near Camden and Junction of Highway No. 34 
and "Currituck Short Cut" near Coinjock, over the road joining Highways 
Nos. 30 and 34 known as "Currituck Short Cut" and at present desig- 
nated by the State Highway Commission as "N. C. 30." 

Virginia Stage Lines, Inc., Charlottesville, Va. Franchise Certificate 
No. 409. 
Passenger. 

Routes: N. C. State Line to Yanceyville on Highway No. 14 and from 
Yancejrville to Haw River on Highway No. 62 and on the north side of 
the railroad track on Highway No. 10 to Burlington. 
January 18, 1941. 

Because of the purchase of Southern Passenger Motor Lines, Inc., of 
Lynchburg, Va., Certificate No. N. C. 368, Certificate No. N. C. 409 of 
the Virginia Stage Lines, Inc., of Charlottesville, Va., is hereby amended 



154 N. C. Utilities Commission 

as of June 20, 1936, by transferring said N. C. Certificate No. 368 to 

N. C. Certificate No. 409 as follows: 

"Between Durham, N. C, and the N. C.-Va. State Line via Roxboro, 
Highway No. 55; Roxboro, N. C, to the N. C.-Va. State Line via Semore, 
Milton and Yanceyville, Highways Nos. 57, 62 and 14; also Highway 
No. 158 via Leasburg between Roxboro and Yanceyville." 

This June 20, 1936. 

The Virginia Stage Lines, Inc., has requested the abandonment of its 

operation on N. C. Highway No. 62, between Milton and Yanceyville as 

of December 1, 1937, which request has been granted. 

Waccamaw Stages, Incorporated, Whiteville, N. C. Franchise Certificate 
No. 468. 
Passenger. 

Routes: From Clarkton, N. C, over Federal Highway No. 701 to South 
Carolina State Line, on edge of Tabor City. 

Washington-Oriental Bus Line, Washington, N. C. Franchise Certificate 
No. 434. 
Passenger. 

Routes: Between Washington, N. C, and Oriental, Route No. 33 from 
Washington to Aurora; Route No. 306 from Aurora to Grantsboro and 
Route No. 302 from Grantsboro to Oriental. 

Amended February 19, 1941, by adding: From points north of Grants- 
boro to Minnesott Beach and return for government officials, soldiers 
and employees of the National Defense Project being located at Minnesott 
Beach. (Temporary authority granted under the Federal Defense Emer- 
gency Program.) 

J. W. Wilder Transfer, Mrs. F. G. Wilder d/b/a, 1013 McCormick Street, 
Greensboro, N. C. Franchise Certificate No. 500. 
Freight. 

Routes: Between Greensboro and points and places within a radius of 
seven miles of Greensboro for pick-up and delivery and distribution of 
general commodities. 

Wilkes Transportation Company, Incorporated, 304 Tenth Street, North 
Wilkesboro, N. C. Franchise Certificate No. 461. 
Passenger. 

Routes: In the City of Wilkesboro over Tenth Street and D; Ninth 
Street and C, B, and Sixth Street; Fourth and F to Corporate Limits; 
Main Street through the Town of Wilkesboro and over Highways Nos. 
421 and 16 to Millers Creek, six miles; Highway No. 18 to Fairplane, 
2 miles; Highways Nos. 16 and 18 to Moravian Falls, 5 miles; Highway 
No. 421 E. to Wilkesboro, 2 miles. 

Wilmington, Brunswick & Southern Railroad Company, Southport, N. C. 
Franchise Certificate No. 316. 
Passenger. 

Routes: Between Southport over Route No. 201, nine miles to Wilse 
Smith's; thence over county road to Bolivia; thence over Route No. 
201 to Brunswick River; thence over Route No. 20 into Wilmington, N. C. 



Decisions and Adjustments of Complaints 155 

Wilmington, Brunswick & Southern Railroad Company, E. F. Middle- 
ton, Receiver, Southport, N. C. Franchise Certificate No. 316-A. 
Freight. 

Routes: From Southport over Route No. 30 to the intersection of 
Route No. 303; thence over Route No. 303 to the intersection of Route 
No. 30 south of Town Creek; thence over Route No. 30 to the inter- 
section of Route No. 20 at Navassa; thence into Wilmington over 
Route No. 20. 

Winston-Elkin Motor Express, V. L. Renegar, Owner, Elkin, N. C. 
Franchise Certificate No. 234. 
Freight. 

Routes: Between Winston-Salem and Elkin via Yadkinville, Booneville 
and Brooks Cross Roads, Highways Nos. 60 and 26. Amended March 15, 
1932, to include Winston-Salem to Elkin via East Bend and Booneville, 
Highways Nos. 60, 67 and 25, and for seasonal service Elkin to Roaring 
Gap, Highway No. 26. 

LICENSED AS EXCLUSIVE INTERSTATE OPERATORS FOR 1941-1942 

Permit No. 

1. Barnwell Brothers, Inc., Burlington, N. C. 

2. J. W. Propst, Jr., Inc., Concord, N. C. 

5. Horton Motor Lines, Inc., Charlotte, N. C. ' 

7. Warren Transfer Company, Charlotte, N. C. 

8. Lewis & Holmes Motor Freight Corporation, High Point, N. C. 
25. L. H. Bottoms Truck Lines, Inc., High Point, N. C. 

27. Madison Transfer Company, John D. Blair, Owner, Richmond, Va. 

39. N. B. & C. Motor Lines, Inc., Washington, N. C. 

41. Rutherford Freight Lines, Inc., E. J. Rutherford, Secretary, Bristol, 

Tenn.-Va. 
45. Miller Motor Express, Charlotte, N. C. 

50. Motor Transit Company, Raleigh, N. C. 

51. Gate City Transport Company, Inc., Greensboro, N. C. 
54. J. Lester Miller, Inc., Concord, N. C. 

57. New South Express Lines, Inc., Columbia, S. C. 

60. Smith's Transfer Company, Lenoir, N. C. 

62. Norfolk Southern Bus Corporation, Norfolk, Va. 

64. Elizabeth City-Carolina Line, Elizabeth City, N. C. 

65. J. M. Coggins and Clarence Coggins d/b/a. Interstate Transfer, High 

Point, N. C. 

66. Charles S. Cooke, Murfreesboro, N. C. 

70. Atlantic States Motor Lines, Inc., High Point, N. C. 

71. Raleigh H. Blow, Murfreesboro, N. C. 

72. Burton Lines, Inc., Reidsville, N. C. 

74. Vick Truck Line, Woodland, N. C. 

75. Walter H. Beale, Potecasi, N. C. 

77. Walph L. Whitehead, Hobgood, N. C. 

78. Tayloe & Evans, Inc., Ahoskie, N. C. 
80. Royal Parker Watson, Severn, N. C. 



156 N. C. Utilities Commission 

83. The Mason & Dixon Lines, Inc., Kingsport, Tenn. 
85. R. H. B. Motor Lines, Conway, N. C. 

88. Julian P. Porter, Severn, N. C. 

89. William Barham Porter, Severn, N. C. 

93. Hennis Freight Lines, S. H. and H. L. Hennis, Owners, Mount Airy, 
N. C. 

95. Ross Motor Lines, Inc., Gastonia, N. C. 

96. J. M. Anderson t/a, Anderson Transfer Company, Murfreesboro, N. C. 

97. Forbes Transfer Company, Wilson, N. C. 

98. B. G. Costich & Sons, Inc., 271 Maynard Avenue, Rochester, N. Y. 

99. Ricks Tours, Greenville, N. C. 

100. Akers Motor Lines, Inc., Gastonia, N. C* 

101. Hipp & Cress, Salisbury, N. C. 

102. J. H. Axley Truck Lines, Murphy, N. C* 

105. Smith's, Inc., Wilson, N. C. 

106. Dickson Transfer & Trucking, Inc., 24 N. High Street, Akron, Ohio. 

107. J. T. Dailey Company, Greensboro, N. C. 

108. Textile Transportation, Inc., Burlington, N. C. 

109. Ward Transfer Company, Wilmington, N. C. 

110. Jack Shuford Trucking, Mrs. Frances N. Shuford, Owner, Lincolnton, 

N. C. 

111. Shaw Transfer Company, Salisbury, N. C. 

112. Transportation, Inc., Charlotte, N. C. 

113. R. C. Motor Lines, Inc., 112 Stewart Street, Jacksonville, Fla. 

114. S'teinla Motor and Transportation Company, 133 S. Mechanic Street, 

Cumberland, Md. 

115. J. C. Mclntyre d/b/a. Textile Motor Freight, Laurinburg, N. C. 

116. Bass Bonded Trucks, Inc., Tarboro, N. C. 

117. Barnes Truck Line, Nashville, N. C. 

118. Elders Transfer Company, Inc., Hickory, N. C. 

119. Union Storage and Warehouse Company, Inc., Charlotte, N. C. 

121. J. W. Hardy d/b/a, Hardy Transfer Company, Farmville, N. C. 

122. D. D. Jones Transfer & Warehouse Company, Inc., Norfolk, Va. 

123. Craig & Jennings, Inc., Lenoir, N. C. 

125. Melville Storage Company, 23 North 52nd Street, Philadelphia, Pa. 

126. Southern Transfer & Storage Company, St. Petersburg, Fla. 

127. Central Van & Storage Company, 531 Eighth Street, Nashville, Tenn. 

128. Thomas L. Murphy d/b/a, Murphy's Storage Warehouse, 200 Middle 

Neck Road, Great Neck, N. Y. 

129. Textile Warehouse Company, Greenville, S. C. 

131. Philadelphia Detroit Lines, Inc., Jacksonville, Fla. 

132. William A. Morris, Inc., West New Brighton, Staten Island, N. Y. 

133. R. L. Dance Trucking Company, 1811 Russell Street, Covington, Ky. 

134. John Nazarian, 50 Prentiss St., Watertown, Mass. 

135. American Storage Company, 28 George Avenue, N. W., Washington, 

D. C. 

137. Henry E. Brinkerhoff, 1439 Regina Street, Harrisburg, Pa. 

138. Vernon T. Mercer, Ashe Court, Lancaster Pike, Coatsville, Pa. 



"Franchise cancelled after list was made up. 



Decisions and Adjustments of Complaints 157 

140. Jones Transfer Company, Inc., Salisbury, N. C. 

141. Reliable Transport, Inc., Raleigh, N. C. 

142. William L. Curies, 2033 Nichols Ave., S.E., Washington, D. C. 

144. Turner's Transfer, Guy M. and Frank B. Turner, Greensboro, N. C. 

145. Central Storage and Van Company, 1101-13 Jackson Street, Omaha, 

Nebraska. 

146. A. Driemeier Storage & Moving Company, 3615 North 20 Street, St. 

Louis, Mo. 

147. W. T. Taylor, Jr., Como, N. C. 

149. W. M. Stephenson & Sons d/b/a, W. M. Stephenson, Pendleton, N. C. 

150. A. & E. Truck Line, Battleboro, N. C. 

151. Clay's Transfer Company, Rocky Mount, N. C. 

152. Karl Lenker d/b/a, Dixie Transfer, 305 N. 18th Street, Richmond, Va. 

153. C. H. Sharpe and C. E. Williams, d/b/a, S. & W. Motor Lines, Greens- 

boro, N. C. 

154. Martin T. O'Rourke t/a, O'Rourke Storage & Transfer Company, 

Pittsburgh, Pa. 

156. Bondurant Motor Lines, Mount Airy, N. C. 

157. L. H. Renner d/b/a, Renner Motor Lines, 86 Houston Street, Barberton, 

Ohio. 

158. Central Motor Lines, Inc., Kannapolis, N. C. 

159. Black's Motor Express, D. J. Black, Owner, Wilmington, N. C. 

160. Colonial Motor Freight Line, High Point, N. C. 

161. Kilgo Transfer Company, Inc., 229 E. 8th Street, Charlotte, N. C. 

162. J. N. Youngblood Truck Lines, Fletcher, N. C. 

163. Tatum-Dalton Transfer Company, 111 E. Edwards Place, Greensboro, 

N. C. 

164. Textile Truckers, Inc., Mount Airy, N. C* 

165. Carolina Freight Carriers Corporation, Cherryville, N. C. 

167. M. P. McLean, Jr., t/a, McLean Trucking Company, Fayetteville, N. C. 

168. Collins Transfer & Storage, Lumberton, N. C. 

169. Paul Siler d/b/a, Siler Brothers, Siler City, N. C. 

170. E. & H. Trucking Company, Inc., Albemarle, N. C* 

172. J. W. Turnmire, d/b/a, S. & T. Truck, Lenoir, N. C. 

173. R. D. Fowler Motor Lines, Inc., Box 1043, High Point, N. C. 

174. Morgan Trucking Company, Leaksville, N. C. 

175. Vance Trucking Company, Inc., Henderson, N. C. 

176. Great Southern Trucking Company, Charlotte, N. C. 

177. J. H. Early, Henderson, N. C. 

178. The W. H. Tompkins Company, 908 3rd Avenue, North, Nashville, Tenn. 

179. M. C. Garner, Apex, N. C. 

182. Judson McCarter, Lumberton, N. C* 

183. Mrs. Mae C. Brown and J. C. Brown t/a, Charles T. Brown Truck Line, 

1203 Asheboro Street, Greensboro, N. C. 

184. Robinson Transfer Motor Line, Inc., 545 E. Main Street, Kingsport, 

Tenn. 

185. Yellow Star Transfer, Inc., Burlington, N. C. 

187. American Trucking Corporation, Lessee of J. T. Dailey Company, High 
Point, N. C. 



'Franchise cancelled after list was made up. 



158 N. C. Utilities Commission 

188. H. W. Miller, Durham, N. C. 

189. Jackson Truck Line, Inc., Jackson, N. C. 

190. Brooks Transportation Company, Inc., Richmond, Va. 

192. Harris Brothers Transfer Company, Inc., Charlotte, N. C. 

193. G. & M. Motor Transfer Company, Statesville, N. C. 

194. Carolina Stages, Spartanburg, S. C. 

195. Julius Efron d/b/a, Efron Trucking Company and/or Max Efron 

d/b/a, Interstate Trucking Company, Aiken, S. C* 

198. Peoples Motor Express, Inc., Charleston, S. C. 

199. Albert E. Hill and James W. Hill d/b/a. Hill's Truck Line, Murfrees- 

boro, N. C. 

200. H. E. Dickey d/b/a, Dickey Freight Line, Murphy, N. C. 

202. Hooks Motor Line, 221 W. High Street, High Point, N. C. 

203. Billings Transfer Corporation, Inc., Lexington, N. C. 

204. Davis Motor Lines, Inc., Charlotte, N. C. 

207. Queen Trucking Company, Inc., North Wilkesboro, N. C. 

208. Lipe Motor Lines, Hickory, N. C. 

209. North American Van Lines, Inc., 1220 Superior Avenue, Cleveland, 

Ohio. 

210. Burlington Truckers, Inc., Burlington, N. C. 

211. J. C. Bankett, Route 4, Salisbury, N. C. 
215. R. Glenn Winecoff, Concord, N. C. 

214. B. & B. Transfer, E. 3rd Street, Winston-Salem, N. C* 

212. The A. G. Boone Company, Charlotte, N. C. 

213. Batten Livery Company, Inc., Mount Gilead, N. C. 

217. The Tallant Transfer Company, Inc., Hickory, N. C. 

218. Swifts Transfer Company, Gastonia, N. C. 

219. Whisenant Transfer Company, Maiden, N. C. 

220. G. & H. Transit Company, Inc., P. O. Box No. 1626, Charlotte, N. C. 

221. Helms Transfer Company, Monroe, N. C. 

222. G. N. Childress Transportation Company, Box 252, Sanford, N. C. 

223. Winchester Trucking Company, Monroe, N. C. 

224. Thomas Stanley Redding, Asheboro, N. C. 

225. J. H. Burgess, Leaksville, N. C. 

226. E. S. Britt t/a, Britt Transportation Company, Rocky Mount, N. C. 

227. 0. G. Drennan, Maxton, N. C. 

228. Berry & Decker Transfer, Hildebran, N. C. 

230. Johnson Brothers, Elkin, N. C. 

231. Richardson Motor Lines, Greensboro, N. C. 

232. Northeastern Lines, Inc., Lexington, N. C. 

233. Moss Transfer Company, Charlotte, N. C. 

234. J. Claude Bush d/b/a, Bush Transfer, Lenoir, N. C. 
236. Yount Transfer— L. R. Yount d/b/a. Hickory, N. C. 
238. Wick G. Vannoy, West Jefferson, N. C. 

240. T. Colvin Beane, Laurinburg, N. C. 

241. Bruce Johnson, Morven, N. C. 

242. G. W. Anderson d/b/a, Anderson Transfer Company, Asheville, N. C. 

243. A. W. Colwell, Jr., J. D. and W. B. Strickland d/b/a, C. & S. B. Transfer, 

Clinton, N. C. 



♦Franchise cancelled after list was made up. 



Decisions and Adjustments of Complaints 159 

245. Norman Howard Gregory, Poplar Branch, N. C. 

246. Hall Hudgins Truck Lines, North Wilkesboro, N. C. 

247. R. W. Wilson, Yanceyville, N. C. 

248. T. C. Howell, t/a, Howell Transfer Company, Shelby, N. C. 

249. Roadway Express, Inc., Charlotte, N. C. 

251. Dail Trucking Company, Inc., Mount Olive, N. C. 

253. Holland Brothers, Statesville, N. C. 

254. Carl Rose d/b/a, Carl Rose Transfer Company, Elkin, N. C. 

255. Wayne Motor Lines, Mount Olive, N. C. 

256. Reliable Trucking Company, Inc., High Point, N. C. 

257. L. L. Brown d/b/a, Brown's Truck Line, Rich Square, N. C. 

259. Brittian Freight Lines, Inc., Black Mountain, N. C* 

260. Old Hickory Motor Freight, Inc., Thomasville, N. C* 

261. Claude S. Henry d/b/a, C. S. Henry Transfer, Rocky Mount, N. C. 

263. Hoffler & Boney Transfer Company, Inc., Wallace, N. C. 

264. Alton Edward Grimes, Robersonville, N. C. 

265. Daniel Elijah Everett, Conetoe, N. C. 

266. A. P. Warlick, Warlick Trucking Company, Kings Mountain. 

268. Lamont Hand, d/b/a. Hand Transfer Company, Charlotte, N. C. 

269. R. H. & R. H. Maultsby, Jr., Southport, N. C. 

270. Martin County Transfer Company, Inc., and/or C. D. Carraway, Rober- 

sonville, N. C. 

271. P. D. McLawhorn, d/b/a. Service Transfer Company, Ayden, N. C. 

272. Lin Bumgarner d/b/a, Lin Bumgarner Truck Lines, North Wilkes- 

boro, N. C. 

273. B. P. Wright d/b/a, Wright Motor Lines, Asheville, N. C. 

274. Commercial Carriers, Inc., 1201 Peoples State Building, Pontiac, Mich. 

276. F. P. Eller Trucking Company, Inc., North Wilkesboro, N. C. 

277. D. L. Boone and L. T. Warrick t/a, B. & W. Truck Line, Jackson, N. C. 

278. M. & K. Motor Express, Nashville, N. C. 

279. Buckeye Southern, Inc., Monroe, N. C. 

280. W. G. Joyner d/b/a, Joyner Trucking Company, Woodland, N. C. 

282. Fred's Truck Line, F. S. Winslow d/b/a, Winfall, N. C. 

283. Evans Trucking Company, Stoneville, N. C. 

284. George M. Holton d/b/a, R. & W. Motor Lines, Grantsboro, N. C. 

285. M. G. Widenhouse d/b/a, Widenhouse Transfer Company, Midland, 

N. C. 

286. E. & L. Transport Company, Dearborn, Mich. 

287. C. Hobson Dunn, Magnolia Building, Dallas, Texas. 

288. J. S. Mann, Merry Oaks, N. C. 

289. S. H. & L. S. Ratliff d/b/a, Ratliff & Ratliff, Morven, N. C. 
291. T. H. Motor Lines, Inc., 310 Yarmouth St., Norfolk, Virginia. 
293. Gibbons & Wilson Transfer, Inc., Gastonia, N. C. 

295. W. R. Candler Transfer, 200 Clingman Ave., Asheville, N. C. 

296. Pee Dee Express, Inc., Box 1024, Charlotte, N. C. 

298. Carolina Motor Express, 561 W. 15th St., Indianapolis, Ind. 

299. Wilbur Mathew Spivey, Chadbourn, N. C. 

301. W. W. Owens, Shiloh, N. C. 

302. Southern Spindle & Flyer Co., Inc., Charlotte, N. C. 

*Franchise cancelled after list was made ud. 



160 N. C. Utilities Commission 

303. Nilson Motor Express, Charlotte, N. C. 

304. Overnite Transportation, Richmond, Va. 

305. Jones Transfer, Fairmont, N. C. 

306. Henderson Bonded Lines, Henderson, N. C. 

307. Branch's Transfer, P. O. Box 203, Lumberton, N. C. 

308. Joseph Allen Moore, Goldsboro, N. C. 

309. Coy Flippin, Pilot Mountain, N. C. 

310. Champion Storage & Trucking Co., Inc., Greensboro, N. C. 

311. Ralph Meads, Elizabeth City, N. C* 

313. W. I. Tanner Transfer Company, Rocky Mount, N. C. 

314. J. P. Smith, Whiteville, N. C. 

316. Murray Transfer Company, Wilmington, N. C. 

317. Warren Bros. Moving Company, Chicago, 111. 

318. Corn Motor Lines, High Point, N. C* 

319. Clay Hyder, Hendersonville, N. C. 
322. Beachum's Transfer, Wadesboro, N. C. 

324. John Nixon, Mountain Park, N. C. 

325. Transport Corporation of Virginia, Blackstone, Va. 

326. Buffaloe Brothers, Carthage, N. C. 

327. Chas. H. Lambeth & Macon Moore, Jr., Littleton, N. C. 

328. Hampton Roads Transportation Co., Norfolk, Va. 

329. Vernon G. James, Weeksville, N. ,C. 

331. Brock Motor Line, Charlotte, N. C. 

332. Crawford Transport Company, Inc., Mount Airy, N. C. 

333. Southern Motor Express, Burlington, N. C. 

334. R. B. Hamilton Trucking Co., Inc., Roslyn Heights, N. Y. 

335. Robert P. Smith t/a Smith Transfer, Wadesboro, N. C. 

336. Lumber Truckers, Inc., Vass, N. C. 

337. T. C. Dowless Transfer, Bladenboro, N. C. 

338. Mrs. L. F. Congdon t/a Old Dominion Freight Lines and/or 

Earl E. Congdon, Richmond, Va. 

339. Roger 0. Wimberly, Angier, N. C. 

340. Piedmont Trucking Company, Asheboro, N. C. 

341. Apex Motor Line, Apex, N. C. 

342. C. D. McDougald d/b/a, McDougald Transfer Co., Cheraw, S. C. 

343. J. M. Mouchet d/b/a Mouchet Trucking Company, Charlotte, N. C. 

344. Pilot Freight Carriers, Winston-Salem, N. C. 

345. Jocie Motor Lines, Charlotte, N. C. 

346. C. T. Cozzens Truck Line, Washington, N. C. 

347. Casper A. Warner d/b/a Warner's Transfer, High Point, N. C. 

348. Francis Owen Nunn d/b/a Nunn's Transfer, Greenville, N. C. 
359. Y. & Y. Truck Line, Fletcher, N. C. 

350. W. D. Parker, d/b/a Parker Transfer Co., Raleigh, N. C. 

351. Hines Lumber Company, Mount Airy, N. C. 

352. T. B. Sumner d/b/a Sumner Truck Line, Elizabeth City, N. C. 

353. Surratt Motor Lines, Inc., Charlotte, N. C. 

354. Johnson Transit Company, Dunn, N. C. 

355. Patterson Transfer Company, Rockingham, N. C. 

356. Brawley Transfer Company, Statesville, N. C. 



franchise cancelled after list was made up. 



Decisions and Adjustments of Complaints 161 

357. D. L. Youngblood and W. A. Keith t/a K. & Y. Truck Line, 

Fletcher, N. C. 

358. Joe Scott & Lottie A. Tatum t/a Tatum & Tatum, Roxboro, N. C. 

360. C. V. Cross (Temporary Certificate), Gates, N. C. 

361. Armstrong Bus Line, Corapeake, N. C. 

362. Powell & Shytle, Polkville, N. C. 

363. Thomas Grady Griggs, Point Harbor, N. C. 

364. Melvin C. Dobson, Route 2, Ruffin, N. C. 

366. Safety Transportation Corporation, Weldon, N. C. 

367. Associated Transport, Inc., New York, N. Y. 



Bus Terminals 

UNION BUS STATION, CHARLOTTE, N. C. 
Order 

Whereas, a Union Bus Station has been operated in the City of Charlotte 
for approximately fifteen years under the order of this Commission dated 
June 12, 1925, for all motor vehicle passenger carriers holding franchise 
certificates under Chapter 50, Public Laws of 1925, and Chapter 136, Public 
Laws of 1927, and amendments thereto, for operation to and from the City 
of Charlotte, N. C, and 

Whereas, this Commission has for some time recognized the inadequacy 
of the present bus station in Charlotte, and all of the bus companies operat- 
ing into said bus station under the jurisdiction of this Commission have 
admitted the inadequacy of said station and have expressed their willing- 
ness and desire to construct, or have constructed, a modern and commodious 
station there, and 

Whereas, after innumerable conferences with the bus companies operating 
into Charlotte, a final meeting was called, to be held in Charlotte on October 
4, 1940, at which time the representatives of the bus companies, the Mayor 
of Charlotte, the heads of several civic organizations and members of this 
Commission met and it was then and there, by unanimous consent, agreed 
that the Queen City Coach Company, the Carolina Coach Company and 
the Smoky Mountain Stages should construct a bus station on a location 
agreed upon, next to the present bus station, and according to the plans 
and specifications as that exhibited and filed with this Commission, and 
that the Atlantic Greyhound Corporation should enter the station as a 
tenant under terms and conditions identical, except as to changes in num- 
bers of parties, with the contract entered into between the Carolina Coach 
Company and the Atlantic Greyhound Corporation for the operation of 
the Union Bus Station in the City of Raleigh, and 

Whereas, since October 4, 1940, there has arisen some disagreement 
as to the terms and wording of the contract, in that the Carolina Coach 
Company is unwilling to sign a contract binding itself to jointly and severally 
guarantee the fulfillment of the terms of the contract, and 

Whereas, the Queen City Coach Company and Smoky Mountain Stages, 
together with the approval of the Carolina Coach Company, have received 



162 N. C. Utilities Commission 

and approved bids for the construction of the station and have entered 
into a contract conditioned upon the execution of the contract by the bus 
companies involved, and 

Whereas, under the terms of the contract entered into with the con- 
tractor, the same must be closed not later than Monday, December 9th, and 

Whereas, it is a matter of common knowledge that the price of building 
materials is advancing and if the contract is not closed the cost of the 
station will be increased, and on account of the difficulty in purchasing 
building materials a considerable delay may be occasioned by deferring 
the matter, and 

Whereas, the general public will be longer inconvenienced if the con- 
tract for the construction of the station is not now consummated, and 

Whereas, the Queen City Coach Company and the Smoky Mountain 
Stages are willing to enter into the contract agreed upon at the Charlotte 
conference with the Atlantic Greyhound Corporation, irrespective of the 
action of the Carolina Coach Company, and 

Whereas, the City of Charlotte is the headquarters of the Queen City 
Coach Company which, in the opinion of this Commission, makes the Queen 
City Coach Company the logical company to build the station in Charlotte 
in the absence of an agreement between the other bus companies, it is 
now, therefore, 

ORDERED 

1. That a union bus station be constructed and operated in the City 
of Charlotte and all bus companies holding an intrastate certificate from 
this Commission to operate into and out of Charlotte be, and they are 
hereby required to operate to and from said station under the Rules and 
Regulations of this Commission. 

2. That the Queen City Coach Company and the Smoky Mountain Stages 
are hereby authorized and directed to close the contract for the con- 
struction of the station on the site at 416-424 West Trade S'treet, according 
to the plans and specifications prepared by J. A. Malcolm, Architect, and 
heretofore approved by this Commission, copy of which was submitted to 
the carriers at the Charlotte conference and agreed to at that time. 

3. That after said station is completed, all bus companies other than the 
Queen City Coach Company and the Smoky Mountain Stages shall use 
said station as tenants under the provisions as set forth in the Rules 
and Regulations of this Commission, and it is 

Further ordered, that in the event the several bus companies execute 
the contract as agreed upon for the construction and operation at the 
Charlotte conference on October 4, 1940, by 12:00 o'clock, noon, Monday, 
December 9, 1940, the limit of time for the closing of the contract for the 
construction of the station with the contractor, then this Order shall become 
ineffective; otherwise, it shall remain in full force and effect. 

This the 6th day of December, 1940. 



Stanley Winborne, Commissioner. 



By Order of the Commissioner: 
R. O. Self, Chief Clerk. 



Decisions and Adjustments of Complaints 163 

Now comes the Atlantic Greyhound Corporation, through its attorneys, 
I. M. Bailey and J. C. B. Ehringhaus, at 9:45 a.m., December 9, 1940, and 
enters its exceptions to the foregoing Order. 
This the day and year above written. 

R. O. Self, Chief Clerk. 
Docket No. 2140. ' :•.:.:.• 

UNION BUS STATION, CHARLOTTE, NORTH CAROLINA. 

Order 

This matter coming on to be considered upon the application of Carolina 
Coach Company, Queen City Coach Company, Smoky Mountain Stages, 
Incorporated, Charlotte Union Bus Station, Incorporated, and Atlantic Grey- 
hound Corporation and said companies having presented to the undersigned 
the agreements specified in the petition filed in this proceeding for the con- 
struction, maintenance and operation of a Union Bus Station in the City 
of Charlotte, and this Commission having been requested to consider and 
approve said contracts as the contracts for the construction, maintenance 
and operation of said Union Station, and the said contracts having been 
examined and it being found as a fact that said contracts will promote 
harmony among the operators to and from said station and efficiency of 
service to the traveling public using said Union Station, and it further 
being found as a fact that said contracts constitute a full and complete 
compliance with the duties of said operating companies to the traveling 
public as contemplated by law and as proposed in this proceeding: 

Now, therefore, under and by virtue of the statute and power vested 
in this Commission, the plans and specifications and the said contracts 
hereinbefore specified are hereby approved as the plans and specifications 
and the contracts for the construction, maintenance and operation of a 
Union Bus Station in the City of Charlotte and this proceeding is there- 
upon discontinued and the said operators are discharged from further 
appearance herein in connection with any order which has been entered in 
this docket. 

This the 15th day of December, 1940. 

Stanley Winborne, Comfnissioner. 
By Order of the Commissioner: 

R. 0. Self, Chief Clerk. 
Docket No. 2140. 



IN THE MATTER OF BUS STATION FACILITIES AT CLINTON, 
NORTH CAROLINA. 

Order 

Queen City Coach Company entered into an agreement dated October 18, 
1941, with Mrs. Thelma Bethune, and husband, W. M. Bethune, for the 
construction, maintenance, and operation of a bus station in Clinton, North 
Carolina. Under the terms of said agreement, Mrs. Bethune will: 



164 N. C. Utilities Commission 

1. Construct and maintain the said bus station in accordance with plans 
and specifications approved by the Utilities Commission of North Carolina; 
and 

2. Operate, maintain and furnish bus station facilities to Queen City 
Coach Company for 10 per cent of the gross passenger and express sales 
at said station. It is further agreed between the Queen City Coach Com- 
pany and Mrs. Bethune that, if in any month, 5 per cent of the gross 
receipts from ticket sales does not amount to $75.00, that the Queen City 
Coach Company will pay her an additional amount equal to the difference 
between $75.00 and 5 per cent of the gross receipts from ticket sales. 

In view of the terms of the contract as outlined above it is therefore, 
Ordered: That any other carrier of passengers which shall hereafter 
operate to or through Clinton, and thereby use the facilities of the bus 
station, shall pay to Mrs. Thelma Bethune, for the use and operation of 
the station, 10 per cent of its gross receipts from ticket sales at the station; 
and that, if in any month, 5 per cent of the gross receipts of all ticket 
sales at the Clinton bus station shall be less than $75.00, then the said 
carrier shall pay to Mrs. Bethune its proportionate share of the difference 
between $75.00 and 5 per cent of the gross receipts of all ticket sales, its 
share being based on the ratio that its receipts from tickets sold at the 
Clinton bus station bears to total of all ticket sales at the said station. 
This 24th day of November, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Docket No. 2446. 

UNION BUS STATION, DURHAM, NORTH CAROLINA. 
To THE Carolina Coach Company, Incorporated: 

Whereas, it has been admitted by the officers and representatives of the 
Carolina Coach Company and other passenger bus companies operating 
into and out of the City of Durham, North Carolina, that the terminal 
facilities there are now inadequate to properly care for the public needs; 
and 

Whereas, this Commission has been informed by the President of the 
Carolina Coach Company that an agreement has been reached between said 
Company and the other bus companies operating into and out of Durham 
that the Carolina Coach Company is to provide new and adequate terminal 
facilities, and the other companies are to enter such terminal facilities as 
tenants of the Carolina Coach Company; and 

Whereas, the need for adequate facilities is urgent and so far as this 
Commission is informed no definite action has yet been taken toward pro- 
curing a location for the proposed terminal building. 

Now THEREFORE, the Carolina Coach Company is hereby cited to appear 
before the Utilities Commission, in its Hearing Room in the City of 



Decisions and Adjustments of Complaints 165 

Raleigh, on Tuesday, December 17, 1940, at 2:30 p.m., to report in full on 
what has been done up to said date concerning said station, to the end 
that an appropriate order may be issued, if found to be necessary. 

This the 15th day of November, 1940. 

Stanley Winborne, Utilities Commissioner. 

Docket No. 2120. 

To the Carolina Coach Company, Raleigh, North Carolina. 

You are hereby ordered to appear before The North Carolina Utilities 
Commission in its Hearing Room in the old Supreme Court Building in the 
City of Raleigh at 2:30 P.M. on April 4, 1941, to show cause why a site 
has not been acquired for the construction of a bus station in the City 
of Durham, North Carolina, and why this Commission should not enter a 
mandatory order requiring the immediate acquisition of a site and the 
construction of a bus station thereon. 

This the 20th day of March, 1941. 

THE NORTH CAROLINA UTILITIES COMMISSION, 

Stanley Winborne, Chairman. 
Docket No. 2120. 



DURHAM PASSENGER BUS STATION. 
Order 

This matter came before the Commission upon the informal complaint 
of M. Hugh Thompson, Attorney at Law, Durham, N. C, appearing for a 
group of colored citizens of the City of Durham, alleging that the plans 
of the proposed bus station which had been approved by this Commission 
were unreasonably discriminatory against the negroes and in violation of 
and contrary to Sections 1112 (Sub-section 3), 1112 (Sub-section 6), and 
1112 (Sub-section 10) of the Consolidated Statutes of North Carolina. 

The matter was heard by this Commission on June 16, 1941, at which 
time there appeared the said M. Hugh Thompson and several colored 
citizens of Durham, including Dean Taylor, of the North Carolina College 
for Negroes, G. W. Cox, Vice-President and Chairman of the Committee on 
Negro Affairs, and W. R. Johnson, of the State Interracial Committee, in 
support of the complaint, and Hon. Arch T. Allen, Attorney for the Caro- 
lina Coach Company, and J. M. Edwards, Jr., architect who prepared the 
plans and specifications for the Durham Bus Station. 

Originally, the colored people of the City of Durham raised three objec- 
tions to the plans of the proposed station, namely: 

1. That the lounge room for colored women was on the first floor instead 
of one-half story elevated, as was the lounge for white women. 

2. That the lunch room was not partitioned off from the waiting room 
and had no tables in it, and 

3. That the colored entrance was on Dillard Street, instead of on Main 
Street, as was the white entrance. 



166 N. C. Utilities Commission 

It was stated at the hearing that in deference to the views of the colored 
people, the Carolina Coach Company, which is constructing" this station at 
Durham, had their architect, Mr. Edwards, revise the plans of the station 
so that the first two objections raised had been satisfactorily adjusted and 
provided for. 

The third objection to the colored entrance being on Dillard Street 
instead of on Main Street, as was the white entrance, was the only one 
presented and insisted upon at the hearing before this Commission. 

It was contended at the hearing that Dillard Street was a side street; 
that the plans provided that the garbage from the station should be 
removed on Dillard Street at a point not far from the colored entrance, 
and that for these reasons to require the colored people to enter the station 
from Dillard Street, instead of allowing them to enter as did the white 
people from Main Street, was an unreasonable discrimination against the 
colored race and contrary to the Statutes and the decisions of the Courts. 

The Carolina Coach Company, on the other hand, through its attorney, 
contended that while Dillard Street was not as wide as Main Street, yet 
it was an important street in the City of Durham; that it had been one 
of the most aristocratic residential streets in Durham; that now the resi- 
dences of some of the prominent citizens of Durham are located thereon, 
and that it was sufficiently spacious to provide ample ingress and egress to 
the station. Furthermore, it was contended that the garbage disposal 
would be through a chute under the sidewalk, completely covered and 
inconspicuous and that garbage would be removed therefrom after mid- 
night when traffic to and from the station had ceased, and that said garbage 
removal could not possibly be objectionable to the patrons of the station. 

It was further stated by the architect that in order to provide an 
entrance for the colored people on Main Street, would necessitate a com- 
plete revision of the floor plans of the station and that in said revision 
the space allotted for a concession room on Main Street would have to be 
reduced in size to provide for a corridor from Main Street back to the 
colored waiting room, which would result in a reduction in the rental of 
the concession space, all of which would mean, including the cost of 
revision of the plans and the loss of revenue from the concession, a loss 
of several thousand dollars. 

It further appeared from the statements of all parties that Main Street 
was a crowded thoroughfare through the center of Durham and that while 
wider than Dillard Street, due to the density of traffic on Main Street, 
the advantage of its greater width was more than offset by a lesser amount 
of traffic on Dillard Street. The dimensions, as taken from the map of the 
City of Durham, disclose that the vehicular part of Main Street from 
curb to curb is 40 ft. wide and that the width of the sidewalk from the bus 
station to the curb is 9 ft., 11 inches. The width of Dillard Street from curb 
to curb is 28 ft., and that of the sidewalk from the bus station to the curb 
is 9 ft., 2 inches wide. Both streets are fully paved in the center, and when 
the bus station is completed the sidewalks on both streets along the bus 
station will be fully paved from the bus station to the curb. 

Upon a review of the entire matter, the Commission finds the following 
facts: 



Decisions and Adjustments of Complaints 167 

1. That Dillard Street is a perfectly respectable street and in no sense 
inferior to Main Street except that it is not as broad. 

2. That the convenience of approach to the bus station on Dillard Street, 
considering the lesser amount of traffic, is in all respects equal to that 
of Main Street. 

3. That the way and manner in which garbage is to be disposed of on 
Dillard Street will not be offensive to the patrons of the bus company enter- 
ing from Dillard Street, and that said garbage disposal will be the same 
as exist on many of the very best streets in the City of Durham. 

4. That by having entrances on both Main and Dillard Streets greater 
space will be available for the parking of automobiles used by the patrons 
going to and from the bus station and will be much more in the public 
interest and provide a much greater convenience than if both entrances 
were on Main Street. 

5. That if both entrances were on Main Street they would necessarily 
be close together and would result at times in the blocking of the side- 
walk and in an undesirable increase in traffic on Main Street, and that in 
proportion to the division of white and colored people patronizing the 
bus station the entrance and facilities on Dillard Street are just as com- 
modious and convenient as those on Main Street. 

The Commission is fully advertent of the Statutes requiring reasonably 
similar facilities in bus stations for both races and the opinions of the 
Courts that, in determining the adequacy of facilities, the relative number 
of passengers of the white and colored races may be considered. This Com- 
mission is definitely committed to the view that fair treatment shall be 
accorded both races in the construction of bus stations in North Carolina, 
but it is not of the opinion that unreasonable requirements should be 
demanded on captious grounds. Upon consideration of the entire matter and 
the finding of facts, as hereinabove set out, the Commission is of the 
opinion that the plans for the bus station, as amended and as heretofore 
approved by this Commission, provide adequate and reasonably equal facili- 
ties for both the colored and the white races and are not unreasonably 
discriminatory against either race as such. 

Wherefore, the Commission denies the petition to again revise the plans 
of the bus station so as to provide a colored entrance on Main Street, and 
hereby orders and directs the Carolina Coach Company to proceed with the 
construction of the station according to the plans and specifications as 
amended and on file with this Commission. 

This the 25th day of June, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 
Docket No. 2120. 



168 N. C. Utilities Commission 

DURHAM PASSENGER BUS STATION. 
Order 

This cause coming on to be heard on the 7th day of July 1941 upon the 
motion of M. Hugh Thompson, Attorney for the Durham Committee on 
Negro Affairs, for an extension of time within which to file exceptions 
to the findings and decision of the Commission, made and filed on the 25th 
day of June 1941, to the effect that there was no discrimination against the 
Negro race in the plans for the proposed passenger bus station at Durham, 
North Carolina, A. T. Allen, Attorney for the Carolina Coach Company, 
and Allston Stubbs and Marshall T. Spears, Attorneys for J. A. Buchanan, 
owner and lessor of the real estate on which the Bus Station is to be 
erected, being present and objecting to the granting of an extension of time 
for filing said exceptions on the grounds, (1) that the Commission is 
without authority to grant an extension of time fixed by statute, and (2) 
that the Durham Committee on Negro Affairs are not parties to the cause, 
having a right to appeal, as provided in C. S. 1097. 

The Commission being of the opinion that it is within its discretion to 
grant an extension of time within which to file exceptions to the action of 
the Commission and that the Durham Committee on Negro Affairs are 
parties having an interest in the matter before the Commission, and with 
a right to appeal from the Commission's findings and orders, it is 
therefore 

Ordered, that the Durham Committee on Negro Affairs be granted an 
extension of time of ten days from the 5th day of July 1941 within which 
to file exception to the findings and decision of the Commission, made in 
this cause on the 25th day of June, 1941. 

This the 7th day of July, 1941. 

Fred C. Hunter, For the Commission. 

To the foregoing order, the attorneys for the Carolina Coach Company 
and J. A. Buchanan, being present each orally excepts and appeals there- 
from to the Superior Court of Wake County. 
This 7th day of July, 1941. 

Fred C. Hunter, For the Commission. 
By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2120. 

THE DURHAM PASSENGER BUS STATION. 
Order 

This cause coming on to be heard upon motion of Arch T. Allen, attorney 
for Carolina Coach Company, and of Allston Stubbs and Marshall T. Spears, 
attorneys for Durham Union Bus Terminal, Incorporated, with reference 
to Exceptions filed by Hugh M. Thompson, attorney for the Durham Com- 
mittee on Negro Affairs, to the Order entered by the Commission on the 
25th day of June, 1941, to the effect that there was no discrimination against 
the Negro race in the plans and specifications for the proposed Durham 



Decisions and Adjustments of Complaints 169 

Union Bus Station at Durham, North Carolina, and it appearing to the 
Commission that under date of the 22nd day of July, 1941, the Durham 
Committee on Negro Affairs, through its attorney, Hugh M. Thompson, by 
notice in writing, filed with the Commission, entered formal withdrawal 
of the Exceptions filed with the Commission on July 16, 1941, and that 
the said Durham Committee on Negro Affairs does not desire that the 
Exceptions filed with the Commission on July 16, 1941, be considered by 
the Commission, it is therefore 

Ordered that the motion dated July 22nd, 1941, filed in writing by M. 
Hugh Thompson, attorney for the Durham Committee on Negro Affairs, 
to withdraw Exceptions filed July 16, 1941 to the Commission's Order of 
June 25, 1941, be granted, and that the Order entered by the Commission 
in this case dated June 25, 1941 remain in full force and effect, and that the 
Carolina Coach Company shall proceed with the construction and erection 
of the Durham Union Bus Station according to the plans and specifications 
as amended and on file with the Commission. 

This the twenty-ninth day of July, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2120. 



DURHAM PASSENGER BUS STATION. 

Order 

This matter coming on to be considered upon the application of the 
Carolina Coach Company and the Atlantic Greyhound Corporation, and said 
companies having presented to the Commission "Durham Union Bus Sta- 
tion Agreement," dated August 1, 1941, for the construction, maintenance 
and operation of a Union Bus Station in the City of Durham, North Caro- 
lina, and this Commission having been requested to consider and approve 
said contract as the contract for the construction, maintenance and opera- 
tion of said Union Bus Station, and upon examination it appearing that 
said contract is a fair agreement between the parties thereto, and will 
promote harmony among the operators and efficiency of service to the 
traveling public using the Union Bus Station in the City of Durham, 

Now, therefore, under and by virtue of the statutes, the said contract 
hereinabove specified is approved by the Commission as the agreement 
between the parties thereto for the construction, maintenance and opera- 
tion of the Durham Union Bus Station. Nothing in this order or in the said 
agreement shall be construed as a limitation of the powers and duties con- 
ferred by law upon this Commission with respect to its supervision and 
regulation of the operation of Union Bus Stations, nor shall anything herein 
contained be construed as a limitation of the rights of the bus companies 
under the law to question the jurisdiction of the Commission. This pro- 



170 N. C. Utilities Commission 

ceeding is herewith discontinued and the said applicants are discharged 
from further appearance herein. 
This 30th day of October, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2120. 

IN THE MATTER OF TRANSPORTATION OF MEDICINES, HOSPITAL, 
SURGICAL AND DENTAL SUPPLIES BY MOTOR VEHICLES. 

Order 

It having been made to appear to this Commission that during this period 
of emergency resulting from the war that there is an urgent need for 
more expeditious transportation of medicines, hospital, surgical and dental 
supplies between various sections of the State; and it further appearing 
that some of the common carrier motor transportation companies, both 
freight and passenger, are not now authorized to transport said commodi- 
ties; it is now 

Ordered, that all common carrier motor vehicle companies, both passen- 
ger and freight, not now having the right, are hereby permitted, but not 
required, to transport between all places in North Carolina on their respec- 
tive routes medicines, hospital, surgical and dental supplies regardless of 
whether said right is authorized in their respective franchises. 

The rights herein granted shall continue in effect until terminated by 
order of this Commission. 

This the 11th day of February, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

Docket No. 2532. 

IN THE MATTER OF MINIMUM RATES VIA MOTOR TRANSIT 
COMPANY AND ITS CONNECTIONS. 

Order of Suspension 

It appearing that there has been filed with the Utilities Commission 
Supplement No. 28 to Agent R. S. Copper's Freight Tariff No. 1-A, N. C. 
U. C. No. 4, containing a new item designated as Rule 21 scheduled to 
become effective May 18, 1942, stating new individual and joint regula- 
tions and practices affecting rates and charges on certain classes of freight 
moving via or in connection with the Motor Transit Company; and 

It further appearing that said item makes increases in rates and 
charges for transportation of all freight which at present moves at rates 
lower than fifth class via or in connection with the Motor Transit Company, 
and the rights and interests of the public appearing to be injuriously 
affected thereby, and it being the opinion of the Commission that the 



Decisions and Adjustments of Complaints 171 

effective date of said item should be postponed pending hearing thereon 
and decision. 

It is ordered, that the Commission, upon complaint without formal plead- 
ing, enter upon a hearing concerning the lawfulness of the rates, charges, 
regulations and practices insofar as it cancels, changes or otherwise affects 
rates, charges, regulations and practices contained in said tariff applicable 
on commodities transported by the Motor Transit Company locally or jointly 
with its connections; and 

It is further ordered, that the operation of Rule 21 contained in Supple- 
ment No. 28 to Agent R. S. Cooper's N. C. U. C. No. 4, be suspended and 
that the use of the rates, charges, regulations and practices resulting there- 
from be deferred until the 15th day of August, 1942, unless otherwise 
ordered by the Commission, and no increases shall be made in the rates, 
charges, regulations and practices held in effect by this order during the 
period of suspension; and 

It is further ordered, that a copy of this order be filed with said schedule 
in the office of the Commission and that copies thereof be forthwith served 
upon R. S. Cooper, Agent for carriers participating in said schedule, which 
carriers are hereby made respondents in this proceeding; and 

It is further ordered, that this proceeding be set for hearing in the 
Commission's hearing room in Raleigh, N. C, on June 25, 1942 at 10:00 
o'clock a.m. 

This 16th day of May, 1942. 

By Order of the Commission. 

R. 0. Self, Chief Clerk. 

Docket No. 2653. 

IN THE MATTER OF MINIMUM RATES VIA MOTOR TRANSIT COM- 
PANY AND ITS CONNECTIONS. 

Order 

Appearances: 
Respondent: 

R. S. Koonce, Motor Transit Company. 
Protestants : 

I. M. Bailey, Fredrickson Motor Express. W. S. Creighton, North 
Carolina Traffic League. Nathan Anderson, Helms Motor Express, 
Stallings Transfer Service and Barbour Motor Express. 
By Rule 21, Supplement No. 28, to R. S. Cooper's Motor Freight Tariff 
No. 1-A, N. C. U. C. No. 4, filed to become effective May 18, 1942, respondent, 
Motor Transit Company of Raleigh, N. C, proposed to establish fifth class 
as the minimum rate for the transportation of all traffic to and from all 
points on its line and on all traffic moving over its route, as an inter- 
mediate carrier. Upon protest of the North Carolina Traffic League, a 
State-wide organization of shippers and receivers of various commodities, 
operation of the rate schedule was suspended until August 15, 1942. The 
foregoing carrier representatives also appeared as protestants at the hear- 
ing held in Raleigh on the date hereof. 



172 N. C. Utilities Commission 

Respondent is certified by the Commission as a motor carrier of property 
to operate over fixed routes on schedules. The rates, under which he has 
undertaken to conduct his service in the past, for both local and joint 
application, are uniformly the same as for the protesting carriers, and 
numerous other carriers of the same class. The entire adjustment v^as 
recently subjected to an increase of 10 per cent on March 28, 1942. Respond- 
ent seeks to justify his proposal on the circumstance that his present 
traffic consists more largely of lower rated articles of commerce than 
heretofore when consumer goods, such as automobile tires, electric refrig- 
erators, and radios were moving in greater volume. With or without an 
analysis in detail, which was not tendered, of a shift in the character of 
traffic, it is difficult to reconcile respondent's testimony on this point with 
his effort to establish fifth class as minimum and his statement that the 
movement of traffic at class or commodity rates lower than fifth class 
participated in by his line is of little consequence. 

As an applicant in a former hearing. Docket No. 2561, the respondent 
here again testified to an increase in cost of labor and supplies, how- 
ever, we are not convinced that in this respect, his position differs 
materially from that of many other carriers similarly situated. A state- 
ment comparing the railroad sixth class rate with the motor carrier fifth 
class rate was also received in evidence. 

This investigation arises under Chapter 365, Public Laws of 1939, wherein 
the burden of proof is upon the carrier to show that the proposed increased 
rates and charges are just and reasonable. This we find the respondent 
carrier has not done, further, to permit establishment of the proposal would 
raise an issue of discrimination as between persons, commodities, carriers 
and localities by disturbing the existing uniformity of classification and 
rates, therefore: 

It is ordered, that respondent be, and the same is hereby, notified and 
required to cancel the tariff schedule, described in the foregoing report, 
on or before August 15, 1942, upon notice to this Commission and to the 
general public by not less than one day's notice, and that this proceeding 
be discontinued. 

By the Commission. 

This 17th day of June, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner. 

Seal. R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 2653. 

IN THE MATTER OF ESTABLISHMENT 'OF RATES FOR MOTOR 
VEHICLE CARRIERS OF COTTON. 

Order 

By an order dated July 30, 1941, the Commission announced a policy of 
progressively supervising and regulating every intercity intrastate motor 
vehicle carrier operating over the public highways of the State, and further 
thereto, it is now found necessary and desirable, in the interest of the public, 



Decisions and Adjustments of Complaints 173 

to assume and enforce regulatory powers over motor vehicle carriers 
engaged in transporting for compensation, cotton in bales, compressed or 
uncompressed, between cities and towns within the State, and over the 
public highways of the State, and to that end it is, 

Ordered: That all carriers engaged in the transportation of cotton in 
compressed or uncompressed bales, as aforesaid, shall meet, through their 
respective representatives, in the hearing room of the Utilities Commission 
in the City of Raleigh, at 2:30 o'clock p.m., on Wednesday, the 15th day 
of October, 1941, and adopt a schedule of rates applicable to all carriers 
of said commodity from and to all points within the State where such 
commodity moves, and that a copy of this order be mailed forthwith to all 
cotton carriers of record. 

By Order of the Commission: 

This the 8th day of October, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Comviissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2355. 



IN THE MATTER OF ESTABLISHMENT OF RATES BY MOTOR 
VEHICLE CARRIERS OF COTTON. 

Order 

Pursuant to an order of the Commission of October 8th, 1941, represen- 
tatives of motor vehicle carriers of cotton met in the Commission's Hear- 
ing Room at 2:30 o'clock p.m., on Wednesday, October 15th, 1941, and 
adopted a schedule of rates for the transportation of cotton wholly by motor 
vehicle over the public highways of the State, and from and to cities and 
towns, or partly by motor vehicle and partly by boat. Said schedule set 
forth in Appendix "A" hereto has been approved by the Commission, and 
further having under consideration the method of publication and filing of 
said schedule of rates by which the greatest degree of convenience and 
uniformity may be attained, it appears that all motor vehicle carriers of 
cotton, except such carriers as participate in a tariff identified as N. C. U. C. 
No. 4, published and filed with this Commission by R. S. Cooper, Agent for 
the carriers, should arrange for participation in a tariff of rates, rules 
and regulations, and distances, pertaining only to the transportation of 
cotton. Said tariff should also contain the proper corporate, partnership or 
individual designation of each participating carrier, the name and address 
of the official of such carrier, authorizing the agent to publish and file 
such tariff of rates. 

The failure of shippers, receivers and motor vehicle carriers of cotton 
to comply with the provisions of this order, subjects such offending party 
or parties to the penalties referred to in the General Order of July 30th, 
1941. 



174 



N. C. Utilities Commission 



It is ordered, that on and after November 5th, 1941, all motor vehicle 
carriers engaged in the transportation of cotton as described in Appendix 
"A" hereto, between cities and towns within the State and over the public 
highways of the State, either entirely by motor vehicle or partly by motor 
vehicle and partly by boat, be and the same, hereby are required to assess 
charges for said transportation at the precise rates and to observe the 
rules and commodity descriptions set forth in Appendix "A" hereto, and 

It is further ordered, that a schedule of said rates, descriptions, regu- 
lations and rules for ascertaining distances, be published and filed with this 
Commission in standard tariff form to become effective November 5th, 1941, 
upon not less than three days' notice to the Commission and public. 

It is further ordered, that this order shall continue in force until 
further order of the Commission. 



By Order of the Commission: 
This 21st day of October, 1941. 

Docket No. 2355. 



R. O. Self, Chief Clerk. 



Appendix "A", N.C.U.C. Docket No. 2355(C), October 21, 1941. 



Rates in Cents Per 100 Pounds on 

Cotton, (other than absorbent, carded or dyed, or Sea Island Cotton), in 
bales, compressed or uncompressed, less truckload and truckload minimum 



weight, 


15,000 pounds. 


















Rates 




Rates 






Rates 






Less Truck- Truck- 




Less Truck- 


Truck- 




Less Truck- 


Truck- 


*Miles 


load 


load 


*Miles 


load 


load 


*Miles 


load 


load 


35 


8 


7 


130 


23 


19 


290 


48 


39 


40 


8 


8 


140 


24 


20 


300 


50 


40 


•"'45 .. 


9 


8 


150 


25 


21 


310 


52 





50 


10 


9 


160 


27 


22 


320 


54 





55 


11 


9 


170 


28 


23 


330 


55 


— 


; 60 


12 


11 


180 


29 


24 


340 


56 


— 


65 


13 


11 


190 


31 


25 


350 


57 


— 


70 


14 


12 


200 


33 


28 


360 


58 


— 


75 


15 


12 


210 


34 


29 


370 


60 


— 


80 


16 


13 


220 


36 


30 


380 


62 


— 


85 


17 


14 


230 


38 


32 


390 


63 





90 


18 


15 


240 


39 


33 


400 


64 


— 


95 


19 


16 


250 


41 


34 


410 


65 


— 


100 


20 


16 


260 


43 


35 


420 


66 


— 


110 


21 


17 


270 


44 


37 


440 


68 


— 


120 


22 


18 


280 


46 


38 


450 


70 


— 



-For any distance not listed above, use nearest greater distance that is 
listed. 



Decisions and Adjustments of Complaints 175 

IN THE MATTER OF RATES FOR THE TRANSPORTATION OF COT- 
TON BY MOTOR VEHICLE CARRIERS. 

Order 

Pursuant to notice, representatives of motor vehicle carriers of cotton 
conferred in the Hearing Room of this Commission, at Raleigh, N. C, on 
January 30, for the purpose of proposing changes in the requirements of this 
Commission's order in this matter of October 31, 1941, and at the con- 
clusion of said conference a statement of rates for the transportation of 
cotton by motor vehicle in intrastate commerce between cities and towns 
was presented to this Commission for approval. 

Upon consideration of said proposal and good cause appearing therefor, 
the Commission has adopted and approved the common level of rates and 
requirements incident to the application thereof as set out in Appendix 
"A" hereto. Therefore, 

It is ordered, that on and after February 15, 1942, all motor vehicle 
carriers engaged in the transportation of cotton from and to cities and 
towns in the state of North Carolina for compensation, either wholly by 
motor vehicle or partly by motor vehicle and partly by boat, be and the 
same, hereby are required to charge for said transportation the precise 
rates set forth in Appendix "A" hereto. 

It is further ordered, that the order in this matter of October 21, 1941, 
be and the same hereby is vacated and set aside, effective February 15, 
1942, and that the tariffs on file with this Commission applicable to the 
transportation of cotton by motor vehicle be stricken from the files on the 
aforesaid date of February 15, 1942, except such tariffs containing rates for 
the account of fixed route carriers unrestricted as to commodities. 

It is further ordered, that this order shall continue in force until 
further order of the Commission. 

By Order of the Commission: 

This the 4th day of February, 1942. 

R. O. Self, Chief Clerk. 

Docket No. 2355. 

Appendix "A", N.C.U.C. Docket 2355(C), February 4th, 1942. 

RULES 
Rule 1. . Pick Up and Delivery 

(a) Rates shown herein will apply on freight originating at and des- 
tined to locations within the corporate limits or other generally recognized 
boundaries of the cities and towns, etc., subject to the provisions of para- 
graph (c). 

(b) Rates named in this tariff include the service of calling for freight 
and receipting therefor at the dock, platform or doorway directly accessible 
to motor vehicles at consignor's residence, warehouse, factory, store or 
similar place of business at point of origin as described in paragraph (a), 
transportation therefrom to destination, and delivery to the dock, platform 
or doorway directly accessible to motor vehicles at consignee's residence. 



176 N. C. Utilities Commission 

warehouse, factory, store or similar place of business at destination as 
described in paragraph (a). 

(c) Nothing in this tariff shall require carrier to pick up or deliver 
freight at locations at which on account of the condition of the highway, 
street or alley it is impracticable to operate motor vehicles. 

Rule 2. Loading and Unloading 

Unless otherwise provided, necessary assistance for loading and unload- 
ing heavy freight which cannot be handled by the man or men operating the 
motor truck must be furnished by the shipper at loading point and consignee 
at unloading point. 

Rule 3. Wharfage and Handling Charges or Usage Charges 
Necessary to Effect Delivery to Shipside 

Except as otherwise provided, rates published in this tariff do not include 
wharfage, handling or usage charges, or other charges necessary to effect 
delivery to shipside on shipments destined for movement by water beyond 
ports. 

Rule 4. Forms, Special, Use of 

Due to advantage in special forms, special Bill of Lading and/or shipping 
receipt forms are used in addition to the Standard Bill of Lading forms, 
and when such special forms are used, terms and conditions governing 
liability provided in uniform Motor Carriers straight Bill of Lading, will 
cover. 

Rule 5. Construction of Distances 

The mileage to be applied to the following scale of rates shall be obtained 
from the current highway map of the State of North Carolina, published 
by the State Highway and Public Works Commission and shall be com- 
puted over the shortest regularly travelled route between origin and 
destination. 

In the event the mileage from or to origin or destination, or both is 
not shown on the map just described, the mileage from or to the nearest 
intermediate point or points to or from which mileages are shown on the 
said map, shall be obtained from the current planographed county maps 
also issued by the State Highway and Public Works Commission in book 
form; and added to the distance shown on the state map. 

Where interested parties fail to agree on the through distance between 
any two points, the matter shall be submitted to the Utilities Commission 
for determination. 



Decisions and Adjustments of Complaints 177 

Appendix "A", N.C.U.C. Docket 2355(C), February 4th, 1942. 

Rates in Cents Per Bale on Cotton, other than absorbent, carded, dyed, 
or sea island — ^via Motor Carriers. 

Volume MinimuTn 
(When the charge computed on the higher rate at actual weight exceeds 
the charge computed on the lower rate at the applicable minimum, the 
charge resulting from the latter will apply.) 



*Miles 


Truckload 


30 Bales 


50 Bales 


100 Bales 


5 


40 


35 


35 


35 


10 


40 


35 


35 


35 


15 


40 


35 


35 


35 


20 


40 


35 


35 


35 


25 


40 


35 


35 


35 


35 


40 


35 


35 


35 


40 


40 


40 


35 


35 


45 


45 


40 


35 


35 


50 


50 


45 


40 


35 


55 


55 


45 


40 


35 


60 


60 


55 


45 


40 


65 


65 


55 


50 


45 


70 


70 


60 


50 


45 


75 


75 


60 


50 


45 


80 


80 


65 


55 


50 


85 


85 


70 


60 


55 


90 


90 


75 


65 


60 


95 


95 


80 


70 


65 


100 


100 


80 


70 


65 


110 


105 


85 


75 


70 


120 


110 


90 


80 


75 


130 


115 


95 


85 


80 


140 


120 


100 


90 


85 


150 


125 


105 


95 


90 


160 


135 


110 


100 


95 


170 


140 


115 


105 


100 


180 


145 


120 


110 


100 


190 


155 


125 


120 


105 


200 


165 


140 


130 


105 


210 


170 


145 


135 


110 


220 


180 


150 


140 


115 


230 


190 


160 


150 


120 


240 


195 


165 


155 


125 


250 


205 


170 


160 


130 


260 


215 


175 


165 


135 



* — For any distance not listed, use nearest greater distance that is listed. 



178 



N. C. Utilities Commission 



Appendix "A", N.C.U.C. Docket 2355(C), February 4th, 1942. 

Volume Minimum 
(When the charge computed on the higher rate ^t actual weight exceeds 
the charge computed on the lower rate at the applicable minimum, the charge 
resulting from the latter will apply.) 



♦Miles 


Truckload 


30 Bales 


50 Bales 


tlOO Bales 


270 


220 


185 


175 


140 


280 


230 


190 


180 


140 


290 


240 


195 


185 


145 


300 


250 


200 


190 


150 


310 


260 





195 


155 


320 . 


270 




200 


155 


330 


275 





205 


160 


340 


280 





210 


165 


350 


285 





215 


170 


360 


290 




220 


175 


370 


300 




230 


185 


380 


310 


...... 


240 


190 


390 


315 





245 


195 


400 


320 




250 


200 


410 


325 


; 


255 


205 


420 


330 




260 


210 


430 


340 




265 


215 


440 


340 


I 


270 


220 


450 


350 




280 


230 



t — Applicable only on compressed cotton. 

* — For any distance not used, use nearest greater distance that is listed. 



Docket No. 2355. 



NOTICE 



To Motor Vehicle Carriers, Shippers and Receivers of Cotton 
By order of the Commission, dated February 4th, 1942, to become effec- 
tive February 15th, 1942, a uniform mileage scale of precise rates has 
been approved for application to the movement of cotton between cities 
and towns by motor vehicle for compensation. The terms of said order 
provide by Appendix "A" thereto a statement of the rates and rules, which 
statement is to be used in lieu of a tariff, the tariff publication and filing 
requirements of the former order of October 21st, 1941, having been set 
aside by the order of February 4th, 1942. 

The common level of rates to become effective February 15th, 1942, will 
be subject to investigation, in whole or in part, upon complaint of inter- 
ested parties. 

Violations by shipper or carrier of the provisions of an order of the 
Utilities Commission are, upon conviction, punishable as a misdemeanor, 
and for cause the license of a carrier may be revoked. 

H. M. Nicholson, Director of Traffic. 
Docket No. 2355. 



Decisions and Adjustments of Complaints 179 

IN THE MATTER OF ESTABLISHMENT OF RATES FOR MOTOR 
VEHICLE CARRIERS OF PEANUTS. 

Order 

By an order dated July 30, 1941, the Commission announced a policy 
of progressively supervising and regulating every intercity intrastate motor 
vehicle carrier operating over the public highways of the State, and further 
thereto, it is now found necessary and desirable, in the interest of the public, 
to assume and enforce regulatory powers over motor vehicle carriers engaged 
in transporting for compensation, peanuts, shelled or unshelled, between 
cities and towns within the State, and over the public highways of the 
State, and to that end it is. 

Ordered: That all carriers engaged in the transportation of peanuts, 
shelled or unshelled, as aforesaid, shall meet, through their respective repre- 
sentatives, in the hearing room of the Utilities Commission in the City of 
Raleigh, at 2:30 o'clock p. m., on Wednesday, the 15th day of October, 1941, 
and adopt a schedule of rates applicable to all carriers of said commodity 
from and to all points within the State where such commodity moves, and 
that a copy of this order be mailed forthwith to all peanut carriers of 
record. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 



This the 8th day of October, 1941. 



By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2355. 



IN THE MATTER OF ESTABLISHMENT OF RATES BY MOTOR 
VEHICLE CARRIERS OF PEANUTS. 

Order 

Pursuant to an order of the Commission of October 8th, 1941, repre- 
sentatives of motor vehicle carriers of peanuts met in the Commission's 
Hearing Room at 2:30 o'clock p. m., on Wednesday, October 15th, 1941, 
and adopted a schedule of rates for the transportation of peanuts wholly 
by motor vehicle over the public highways of the State, and from and to 
cities and towns, or partly by motor vehicle and partly by boat. Said 
schedule set forth in Appendix "A" hereto has been approved by the 
Commission, and further having under consideration the method of publica- 
tion and filing of said schedule of rates by which the greatest degree of 
convenience and uniformity may be attained, it appears that all motor 
vehicle carriers of peanuts, except such carriers as participate in a tariff 
identified as N.C.U.C. No. 4, published and filed with this Commission by 
R. S. Cooper, Agent for the carriers, should arrange for participation in a 
tariff of rates, rules and regulations, and distances, pertaining only to the 
transportation of peanuts. Said tariff should also contain the proper cor- 
porate, partnership or individual designation of each participating carrier. 



180 N. C. Utilities Commission 

the name and address of the official of such carrier, authorizing: the agent 
to publish and file such tariff of rates. 

The failure of shippers, receivers and motor vehicle carriers of peanuts 
to comply with the provisions of this order, subjects such offending party 
or parties to the penalties referred to in the General Order of July 30th, 
1941. 

It is ordered, that on and after November 5th, 1941, all motor vehicle 
carriers engaged in the transportation of peanuts as described in Appendix 
"A" hereto, between cities and towns within the State and over the public 
highways of the State, either entirely by motor vehicle or partly by motor 
vehicle and partly by boat, be and the same, hereby are required to assess 
charges for said transportation at the precise rates and to observe the 
rules and commodity descriptions set forth in Appendix "A" hereto, and 

It is further ordered, that a schedule of said rates, descriptions, regu- 
lations and rules for ascertaining distances, be published and filed with 
this Commission in standard tariff form to become effective November 5th, 
1941, upon not less than three days' notice to the Commission and public. 

It is further ordered, that this order shall continue in force until 
further order of the Commission. 

By Order of the Commission. ^ 

This the 21st day of October, 1941. 

R. 0. Self, Chief Clerk. 

Docket No. 2355. 

Appendix "A", N.C.U.C. Docket No. 2355(B), October 21, 1941. 

Rates in cents per 100 pounds on Peanuts, raw, in bags, barrels, or boxes. 
Truckload minimum weight 15,000 pounds. 

*Miles Rate *Miles Rate *Miles Rate 

5 6 80 16 180 25 

15 8 100 18 200 27 

35 10 120 20 220 29 

45 11 140 22 

65 13 160 23 



*For any distance not listed above use nearest greater distance that is 
listed. 

Docket No. 2355. 

IN THE MATTER OF MOTOR VEHICLE FREIGHT CARRIERS 
TRANSPORTING TOBACCO, ETC. 

General Order 

Whereas, Chapter 136 of the Public Laws of 1927, and amendments 
thereto, vests in the Utilities Commission power and authority to super- 
vise and regulate every motor vehicle carrier engaged in the business of 
transporting persons or property for compensation between cities, or between 
towns, or between cities and towns, or over a regular route, over the public 
highways of the State, and to make or approve rates, fares, charges, 



Decisions and Adjustments of Complaints 181 

classifications, rules and regulations for service and safety of operation, 
and that no motor vehicle carrier shall charge, demand, collect, or receive 
a greater or less or different compensation for the transportation of persons 
or property, or for any service in connection therewith, than the rates, 
fares and charges applicable to such carrier as specified in its tariffs filed 
with and approved by the Commission, and 

Whereas, to effectuate the foregoing mandates of the motor vehicle law 
and to orderly administer the powers and duties conferred upon it by law, 
the Commission, under date of May 1, 1939, classified motor vehicle freight 
carriers operating for compensation as follows: 

a. Carriers "between fixed termini or over a regular route." 

b. Carriers restricted to any class, kind, or commodity of property over 
regular or irregular routes. 

c. Forwarding carriers for distribution of general or specific commodities 

from fixed points over regular or irregular routes, or within a 
defined territory. 

d. Brokers. 

e. Carriers operating on call or under contract (for hire), 
and. 

Whereas, by reason of insufficient funds and personnel to immediately 
and effectively assume and enforce regulatory powers over all classes of 
motor vehicle carriers, the Commission has heretofore largely restricted 
its supervision and regulation of motor vehicle carriers to passenger carriers 
and to common carrier freight operators engaged in general commodity 
transportation, nevertheless, it is the fixed policy of the Commission, 
within the limits of its facilities, to progressively supervise and regulate 
every intrastate motor vehicle carrier operating over the public highways 
of the State, to require efficiency and dispatch in motor vehicle transporta- 
tion, to protect duly licensed franchise carriers in their rights and privi- 
leges under the law, and to restrain any and all practices detrimental to 
carriers and to the public, and to pursue said policy to any extent that 
considerations of public convenience and necessity may require, and 

Whereas, the Commission has found it necessary, and in the interest 
of the public, to now assume and enforce regulatory powers over motor 
vehicle carriers engaged in transporting, for compensation, unmanufactured 
tobacco, tobacco containers and accessories used in processing, storing and 
marketing unmanufactured tobacco, between cities and towns within the 
State, and over the public highways of the State, and to that end it is 

Ordered: (1) That all carriers now engaged, or which may hereafter 
engage, in the transportation of unmanufactured tobacco, tobacco containers 
and accessories, as aforesaid, shall meet, through their respective representa- 
tives, in the hearing room of the Utilities Commission in the City of 
Raleigh, at 10:00 o'clock a.m. on Thursday, the 14th day of August, 1941, 
and adopt a schedule of rates applicable to all carriers of said tobacco 
products, and to all points within the State to which said products move, 
and that a copy of this order be mailed forthwith to all carriers named 
on the list hereto attached. 

(2) That from and after the 15th day of August, 1941, no motor vehicle 
carrier engaged in the transportation of unmanufactured tobacco, con- 
tainers and accessories, as aforesaid, for compensation, between cities, or 



182 N. C. Utilities Commission 

between towns, or between cities and towns, or over a regular route within 
the State and over the public highways of the State, shall undertake, 
directly or by lease or other arrangement, to transport the same without 
first exhibiting its schedule of rates therefor to every shipper from whom 
it solicits or receives said products for transportation, which said schedule 
of rates shall have first been filed with and approved by the Utilities 
Commission. 

(3) That this order shall supersede all temporary or other orders, per- 
mits, or approvals issued by this Commission with reference to rates for 
the transportation of commodities set out in paragraph 1, of this order. 

(4) That failure to comply with the foregoing provisions of this order 
within the time therein specified shall be deemed a just cause for cancella- 
tion of the license of such offending carrier, and subject the offender to 
prosecution, as provided by statute. 

This 30th day of July, 1941. 

Stanley Winborne, Chairman 
Harry Tucker, Coonmissioner. 
Fred C. Hunter, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Note C. S. 2613 (y) . Violations. That every corporation and every officer, 
agent or employee of any corporation, and every other person who will- 
fully violates or fails to comply with, or who procures, aids or abets the 
violation of any provision of this act, or who fails to obey, observe, or 
comply with any order, decision, rule or regulation, direction or require- 
ment of the Commissioner, made under the provisions of this act, or any 
part or provision thereof, * * * shall be guilty of a misdemeanor, and upon 
conviction shall be punishable by fine of not less than fifty dollars nor 
more than five hundred dollars, or imprisonment, in the discretion of the 
court, or both fine and imprisonment, in the discretion of the court. 

Docket No. 2355. 

A. & E. Truck Line Battleboro, N. C. 

Barefoot Transfer Co. Dunn, N. C. 

Blair Transit Co. . Richmond, Va. 

Bass Bonded Trucks, Inc. Tarboro, N. C. 

Branch's Transfer Lumberton, N. C. 

Burton Lines, Inc. Reidsville, N. C. 

C. & S. B. Transfer . Clinton, N. C. 

G. N. Childress Transportation Co. Olivia, N. C. 

Clay's Transfer Company Rocky Mount, N. C. 

Collins Transfer & Storage Co. Lumberton, N. C. 

Dail Trucking Company, Inc. Mount Olive, N. C. 

Disher Transfer & Storage Co. Winston-Salem, N. C. 

Evans Truck Line Nashville, N. C. 

Fleming's Transfer Danville, Va. 

Forbes Transfer Company Wilson, N. C. 

Fred's Truck Line Winfall, N. C. 

Henderson Bonded Lines Henderson, N. C. 

M. C. Garner Apex, N. C. 

Hardy.'s Transfer Farmville, N. C. 

Hoffler & Boney Transfer Co., Inc. Wallace, N. C. 

Jones Transfer Fairmont, N. C. 



Decisions and Adjustments of Complaints 183 

Laurin E. Leete Wise, N. C. 

Lewis Truck Lines Conway, S. C. 

J. F. McLaurin, Inc. McColl, S. C. 

McLean Trucking Company, Inc. Fayetteville, N. C. 

McLeod's Transfer, Inc. Broadway, N. C. 

Martin County Transfer -, Williamston, N. C. 

Mathias & Company, Inc. Washington, N. C. 

Maultsby, R. H. Bolivia, N. C. 

Howard Wilson Miller Durham, N. C. 

N. B. & C. Motor Lines Washington, N. C. 

Parker Transportation Company Raleigh, N. C. 

Lewis Pinyatello Goldsboro, N. C. 

Julian Patrick Porter Severn, N. C. 

William Barham Porter Severn, N. C. 

T. H. Rash, Inc. Blackstone, Va. 

Smith's Transfer Wilson, N. C. 

J. P. Smith Whiteville, N. C. 

Wilbur Matthew Spivey - Chadbourn, N. C. 

W. M. Stephenson & Son Pendleton, N. C. 

Joe Scott Tatum Roxboro, N. C. 

Transport Corporation of Virginia Blackstone, Va. 

Vance Trucking Company, Inc. Henderson, N. C. 

Marvin Wade, Jr., Transfer Dunn, N. C. 

Robert White Wilson Yancey ville, N. C. 

Yellow Star Transfer, Inc. Burlington, N. C. 

J. K. Pinnell Warrenton, N. C. 

IN THE MATTER OF MOTOR VEHICLE CARRIERS OF UNMANU- 
FACTURED TOBACCO, ETC. 

Upon consideration of an order dated July 30, 1941, in the above 
entitled matter and good cause appearing. 

It is ordered, that the order of the Commission entered herein on July 
30, 1941, which by its terms calls a meeting of tobacco carriers by motor 
vehicle, for August 14, 1941, be, and it is hereby modified to the extent 
that the date of said meeting is changed to Wednesday, August 6, 1941, 
at 10:00 o'clock a.m., in the Hearing Room of the Commission at Raleigh. 

By Order of the Commission. 

This the 1st day of August, 1941. 

R. O. Seolf, Chief Clerk. 
Docket No. 2355. 



MEMORANDUM TO SHIPPERS AND MOTOR CARRIERS. 

By order of July 30th, 1941, the Commission required motor vehicle carriers 
engaged in the transportation of unmanufactured tobacco and accessorial 
commodities to file a tariff of rates to become effective on August 15th, 1941, 
the order prohibiting any carrier engaging in such transportation without 
first having filed its tariff with the Commission to become effective on the 
aforesaid date and without exhibiting a true copy of said tariff to inter- 
ested shippers. Such tariffs constitute the only lawful rates in effect from 
August 15th, 1941, to August 26th, 1941, and by supplemental order enclosed 
herewith the lawful rates on and after August 26, 1941, are as set out 
therein. 



184 N. C. Utilities Commission 

The common level of rates to become effective for application by all 
motor vehicle carriers on August 26th, 1941, is subject to investigation 
upon complaint of shippers or carriers as to the entire adjustment, or 
individual rates. Such investigation will, if need therefor arises, be con- 
ducted in the nature of formal proceedings or by conference between the 
parties as circumstances may appear to require. However, the rates set 
forth in the attached order are the precise rates to be charged by motor 
vehicle carriers of unmanufactured tobacco until further order of the 
Commission. 

H. M. Nicholson, Director of Traffic. 
Docket No. 2355. 



IN THE MATTER OF RATES FOR INTRASTATE TRANSPORTA- 
TION LOCALLY BY MOTOR VEHICLE CARRIERS OR JOINTLY 
BY MOTOR VEHICLE CARRIERS AND BOAT LINES. OF UNMAN- 
UFACTURED TOBACCO AND ACCESSORIAL COMMODITIES, DE- 
SCRIBED HEREIN, FROM AND TO CITIES AND TOWNS WITHIN 
THE STATE OF NORTH CAROLINA. 

Order 

The Commission having under consideration the matter of establishing 
a common level of rates for the transportation of unmanufactured tobacco 
by motor vehicle carriers or partly by such carriers and partly by water 
carriers within the State, made and entered its order of July 30, 1941, and 
by the terms of said order required every motor vehicle carrier engaged 
in the transportation of unmanufactured tobacco and accessorial commodi- 
ties to publish and file its schedule of rates with the Commission for approval 
not later than the 15th day of August, 1941, and it appearing from a com- 
parison of the several tariffs of rates which were filed in compliance with 
said order, that numerous slight numerical variations exist in the rates of 
different carriers from and to the same points, which condition has resulted 
in complaints and confusion. Therefore, the Commission has promulgated, 
adopted, and approved a common level of rates to be charged by each 
and every motor vehicle carrier for the transportation of unmanufactured 
tobacco and accessorial commodities, and 

It is ordered, that on and after August 26th, 1941, all motor vehicle 
carriers engaged in the transportation of unmanufactured tobacco and acces- 
sorial commodities as described in Appendix "A" hereto, from and to cities 
and towns in the State of North Carolina, either wholly by motor vehicle 
or partly by motor vehicle and partly by boat, be and the same, hereby 
are required to charge for said transportation the precise rates and to 
observe the rules and commodity descriptions set forth in Appendix "A" 
hereto, and 

It is further ordered, that this order shall continue in force until further 
order of the Commission. 

By Order of the Commission. 

This the 22nd day of August, 1941. 

R. 0. Self, Chief Clerk. 

Docket No. 2355. 



Decisions and Adjustments of Complaints 185 

Appendix "A", N.C.U.C. Docket No. 2355, August 22, 1941. 

RULES AND COMMODITY DESCRIPTIONS 

Rule 1. Charges on Gross Weights 

All charges are to be computed on gross weight of shipment. Rates 
are stated in cents per 100 pounds. 

Rule 2. Settlement of Charges 

Unless credit has previously been established with carrier, "Prepaid" 
consignments are payable at the time of acceptance by carrier, and "Collect" 
shipments payable at time of delivery to consignee. 

Rule 3. Claims 

In case of loss, damage or overcharge claims, said claims must be accom- 
panied by the original invoice or a certified copy thereof, together with the 
original bill of lading and such other supporting documents as may be 
required to accurately fix the amount due. 

Rule 4. Pick Up and Delivery 

(a) Rates shown herein will apply on freight originating at and destined 
to locations within the corporate limits or other generally recognized 
boundaries of the cities and towns named subject to the provisions of 
paragraph (c). 

(b) Rates named in this tariff include the service of calling for freight 
and receipting therefor at the dock, platform or doorway directly accessible 
to motor vehicles at consignor's residence, warehouse, factory, store or 
similar place of business at point of origin as described in paragraph (a), 
transportation therefrom to destination, and delivery to the dock, platform 
or doorway directly accessible to motor vehicles at consignee's residence, 
warehouse, factory, store or similar place of business at destination as 
described in paragraph (a). 

(c) Nothing in this tariff shall require carrier to pick up or deliver 
freight at locations at which on account of the condition of the highway, 
street or alley it is impracticable to operate motor vehicles. 

Rule 5. Loading and Unloading 

Unless otherwise provided, necessary assistance for loading and unload- 
ing heavy freight which cannot be handled by the man or men operating 
the motor truck must be furnished by the shipper at loading point and 
consignee at unloading point. 

Rule 6. Application of Rates at Intermediate Points 

From or to any point not named in this tariff which is directly inter- 
mediate to a point from or to which a rate is published herein through 
such unnamed point, the rate published herein over the same route from 
or to the next more distant point, as the case may be, will be applied. 



186 N. C. Utilities Commission 

Rule 7. Wharfage and Handling Charges or Usage Charges 
Necessary to Effect Delivery to Shipyards 

Except as otherwise provided, rates published in this tariff do not include 
wharfage, handling or usage charges, or other charges necessary to effect 
delivery to shipside or shipments destined for movement by water beyond 
ports. 

Rule 8. Forms, Special, Use of 

Due to advantage in special forms, special Bill of Lading and/or shipping 
receipt forms are used in addition to the Standard Bill of Lading forms, 
and when such special forms are used, terms and conditions governing 
liability provided in uniform Motor Carriers straight Bill of Lading, will 
cover. 

Item 10 — Description of Commodities Showing Column Rates Applicable 

Description A. — Tobacco, leaf or scrap, including stems, not manufactured, 
in hogsheads, tierces, bales or boxes, any quantity, except as noted. 

Description B. — Tobacco, leaf, including stems, not manufactured, in 
sheets, any quantity. (See Note 2.) 

Description C. — Tobacco, leaf or scrap, including stems, not manufactured, 
in baskets, or on sticks, or scrap, or farmers leaves in sheets, any quantity. 
(See Notes 1 and 3.) 

Description D. — Cooperage Stock, Heading, Head Liners, Staves and 
Hoops, knocked down in bundles or in sections, any quantity. 

Description E. — Hogsheads, Slack, in half sections, wooden with metal 
hoops and hoop fasteners attached, and with head liners, attached or 
loose, in straight shipments or in mixed shipments with wooden heading, 
any quantity. 



Note 1. — Except as otherwise provided herein these tobacco rates apply also on materials, 
supplies and equipment used in marketing, processing and transporting leaf tobacco. 

Note 2. — These tobacco rates also apply on movements of empty sheets. 

Note 3. — These tobacco rates also apply on movements of empty baskets. Description "B" 
rates apply on empty sheets. 



Decisions and Adjustments of Complaints 



187 



Appendix "A", N.C.U.C. Docket No. 2355, August 22, 1941. 

BETWEEN 

FUQUAY SPGS. 

DURHAM FAIRMONT FARMVILLE VARINA 

AND ABCD ABCDABCD ABCD 

Aberdeen 19 20 22 9 18 20 23 11 23 25 28 14 18 20 22 11 

Ahoskie 24 26 28 12 33 35 38 20 18 20 23 11 25 28 30 15 

Asheville 35 38 40 21 -- 

Boone 42 47 50 26 

Burlington 12 13 15 7 28 30 33 17 23 25 28 14 18 20 22 11 

Carthage 17 18 20 10 18 20 23 11 23 25 28 14 18 20 22 11 

Carboro 11 24 23 14 

Chadbourn 25 25 28 12 12 13 15 7 25 27 30 15 22 24 26 13 

Clarkton 25 25 28 12 12 13 15 7 25 27 30 15 22 24 26 13 

Durham 24 25 28 12 20 22 25 9 12 14 17 7 

Fair Bluff 27 27 30 12 12 13 15 7 27 30 33 16 24 26 28 14 

Fairmont 24 25 28 12 25 25 28 15 20 22 25 12 

Farmville 20 22 25 9 25 25 28 15 18 20 23 11 

Fuquay Springs .. 12 14 17 7 20 22 25 12 18 20 23 11 

Gibsonville 14 28 25 20 

Goldsboro 19 20 23 9 25 25 28 15 12 15 17 7 18 20 23 11 

Graham 12 28 25 18 

Greensboro 14 28 26 20 

Greenville 21 23 25 11 25 25 28 15 8 10 12 6 20 23 25 12 

Henderson 12 13 15 7 25 25 28 15 19 21 23 11 14 15 17 8 

Kinston 21 23 25 11 25 25 28 15 12 14 16 7 20 23 25 12 

Littleton 17 31 20 18 

Louisburg 13 15 17 9 25 25 28 15 16 18 20 10 16 18 20 10 

Lumberton 24 25 28 11 10 10 12 6 25 25 28 15 20 22 25 12 

Madison - 20 23 25 12 30 33 35 18 28 30 33 17 22 24 26 12 

Mebane 10 12 15 7 25 27 30 15 23 25 28 14 18 20 23 11 

Mt. Airy 24 26 28 13 33 35 38 20 33 35 38 20 25 28 30 15 

New Bern 24 25 15 23 

Oxford 10 12 14 7 25 25 28 15 19 21 23 11 15 17 20 9 

Raleigh 12 23 20 12 

Reidsville 13 15 17 8 28 30 33 17 24 26 28 14 20 22 24 12 

Robersonville .-.. 21 23 25 12 30 33 35 18 12 15 17 7 22 25 28 13 

Rocky Mount .-- 16 19 22 11 25 25 28 15 12 14 16 7 18 20 23 11 

Roxboro 11 14 17 7 28 30 33 17 23 25 28 14 20 22 24 12 

Sanford 14 16 18 10 18 20 23 11 23 25 28 14 18 20 22 11 

Smithfield 14 16 18 9 22 25 28 13 15 17 20 9 15 17 20 9 

Stoneville 21 23 25 12 30 33 35 18 28 30 33 17 22 24 26 13 

Tabor City 27 27 30 12 12 15 17 7 27 30 33 16 24 26 28 14 

Tarboro 20 22 25 11 26 28 30 16 12 15 17 7 20 22 24 12 

Varina 12 14 17 7 20 22 25 12 18 20 23 11 

Wallace 23 25 28 12 25 25 28 15 18 20 23 11 22 24 26 13 

Warrenton 17 19 20 9 26 28 30 16 18 20 23 11 18 20 23 11 

Washington 24 26 28 12 30 33 35 18 12 15 17 7 23 25 28 14 

Wendell 12 14 17 7 25 25 28 15 15 17 20 9 15 17 20 9 

Whiteville 26 26 28 15 12 13 15 7 25 25 28 15 22 24 26 13 

Williamston 22 24 26 12 30 33 35 18 15 17 20 9 22 25 28 13 

Wilmington 26 16 __.. 20 

Wilson 16 18 20 9 23 25 28 12 10 12 14 6 18 20 23 11 

Winston-Salem .... 14 16 18 9 28 28 30 13 26 28 30 14 22 24 26 10 1/2 



188 



N. C. Utilities Commission 



Appendix "A", N.C.U.C. Docket No. 2355, August 22, 1941. 

BETWEEN 

GOLDSBORO GREENVILLE HENDERSON KINSTON 

AND ABCD ABCDABCD ABCD 

Aberdeen 23 25 28 14 26 28 30 14 20 22 24 12 23 25 28 14 

Ahoskie 23 25 28 14 18 20 22 11 23 25 28 14 22 24 26 13 

Asheville — . .— — . — . 

Boone -— -... —. — _ — _ .— —. .— -— -— — . — - — - — - — - — - 

Burlington 23 25 28 14 24 26 28 14 16 17 20 9 24 26 28 14 

Carthage 23 25 28 14 23 25 28 14 20 22 24 12 23 25 28 14 

Carboro 23 23 15 23 

Chadbourn 25 25 28 15 26 28 30 15 26 26 28 15 25 25 28 15 

Clarkton 25 25 28 15 26 28 30 15 26 26 28 15 25 25 28 15 

Durham 19 20 23 9 21 23 25 11 12 13 15 7 21 23 25 11 

Fair Bluff 25 27 30 15 26 28 30 15 27 27 30 15 25 27 30 15 

Fairmont 25 25 28 15 25 25 28 15 25 25 28 15 25 25 28 15 

Farmville 12 15 17 7 8 10 12 6 19 21 23 11 12 14 16 7 

Fuquay Springs _. 18 20 23 11 20 23 25 12 14 15 17 8 20 23 25 12 

Gibsonville 23 24 16 24 

Goldsboro 12 15 17 7 19 20 23 11 12 14 16 7 

Graham 23 24 15 24 

Greensboro 24 26 18 26 

Greenville 12 15 17 7 20 23 25 12 12 14 16 7 

Henderson 19 20 23 9 20 23 25 12 22 24 26 13 

Kinston 12 14 16 7 12 14 16 7 22 24 26 13 

Littleton 20 20 14 20 

Louisburg 16 18 20 10 18 20 23 11 10 12 14 6 20 23 25 12 

Lumberton 25 25 28 15 25 25 28 15 25 25 28 15 25 25 28 15 

Madison . .._ 26 28 30 16 28 30 33 16 20 23 25 12 30 33 35 18 

Mebane 23 25 28 14 23 25 28 14 15 17 20 9 23 25 28 14 

Mt. Airy 33 35 38 20 33 35 38 20 26 28 30 16 35 38 40 20 

New Bern 15 12 25 12 

Oxford 19 21 23 11 20 23 25 12 10 10 12 6 22 24 26 13 

Raleigh 15 19 13 18 

Reidsville 24 26 28 14 25 28 30 14 18 20 22 10 25 28 30 14 

Robersonville ... - 17 19 21 10 12 14 16 7 23 25 28 14 15 17 20 9 

Rocky Mount .-- 12 14 16 7 12 14 16 7 15 17 20 9 15 17 20 9 

Roxboro 23 25 28 14 23 25 28 14 12 15 17 7 23 25 28 14 

Sanford 21 23 26 12 23 25 28 14 18 20 22 11 23 25 28 14 

Smithfield 10 12 14 6 17 19 21 9 18 20 23 11 15 17 20 9 

Stoneville 26 28 30 16 28 30 33 16 23 25 28 13 30 33 35 18 

Tabor City 25 27 30 15 26 28 30 15 27 27 30 15 25 27 30 15 

Tarboro 15 17 20 9 12 14 16 6 20 22 25 11 15 17 20 9 

Varina 18 20 23 11 20 23 25 12 14 15 17 8 20 23 25 12 

Wallace 15 17 20 9 18 20 23 11 26 28 30 15 15 17 20 9 

Warrenton 19 20 23 9 18 20 23 11 10 12 14 6 20 23 25 12 

Washington 16 18 20 10 10 12 14 6 24 26 28 12 13 15 17 7 

Wendell . 15 17 20 9 15 17 20 9 12 15 17 7 16 18 20 10 

Whiteville 22 25 28 15 25 25 28 15 26 26 28 15 25 25 28 15 

Williamston 18 20 23 11 12 15 17 7 23 25 28 14 15 17 20 9 

Wilmington 17 17 28 17 

Wilson 10 12 14 6 12 13 15 7 17 19 22 10 12 13 15 7 

Winston-Salem _ 26 28 30 14 26 28 30 14 20 22 25 11 26 28 30 14 



Decisions and Adjustments of Complaints 



189 



Appendix "A", N.C.U.C. Docket No. 2355, August 22, 1941. 

BETWEEN 

LUMBERTON NEW BERN 

AND ABCD ABCD 

Aberdeen 18 20 23 11 

Ahoskie 33 35 38 20 

Asheville 

Boone -— — . — - 

Burlington 26 28 30 16 28 

Carthage 18 20 23 11 

Carboro 24 26 

Chadbourn 12 13 15 7 

Clarkton 12 13 15 7 

Durham 24 25 28 11 24 

Fair Bluff 12 15 17 7 

Fairmont 10 10 12 6 25 

Farmville 25 25 28 15 15 

Fuquay Springs .. 20 22 25 12 23 

Gibsonville 26 28 

Goldsboro 25 25 28 15 15 

Graham 26 28 

Greensboro 28 32 

Greenville 25 25 28 15 12 

Henderson 25 25 28 15 25 

Kinston 25 25 28 15 12 .._. .-. 

Littleton 30 28 

Louisburg 25 25 28 15 23 

Lumberton — _ 25 

Madison 30 33 35 18 

Mebane 25 27 30 15 27 

Mt. Airy 33 35 38 20 

New Bern 25 — _ 

Oxford 25 25 28 15 25 

Raleigh 23 22 

Reidsville 28 30 33 17 30 

Robersonville ...__. 30 33 35 18 15 

Rocky Mount . 25 25 28 15 17 

Roxboro 28 30 33 17 30 

Sanford 18 20 23 11 

Smithfield 22 25 28 13 18 

Stoneville 30 33 35 18 

Tabor City 15 17 20 9 

Tarboro 26 28 30 16 

Varina 20 22 25 12 23 

Wallace 25 25 28 15 

Warrenton 26 28 30 16 

Washington 30 33 35 18 

Wendell 25 25 28 15 

Whiteville 12 13 15 7 25 

Williamston 30 33 35 18 15 

Wilmington 16 . __ .__ -.- _... 

Wilson 22 25 28 12 17 

Winston-Salem __.. 28 28 30 12 30 



OXFORD 


REIDSVILLE 


A B 


c 


D 


A 


B 


C V 


20 22 


24 


12 


22 


24 


26 13 


23 25 


28 


14 


33 


35 


38 17 








35 


40 


45 21 








35 


40 


45 21 


16 17 


20 


9 


12 


15 


17 7 


20 22 


24 


12 


22 


24 


26 13 


15 .... 






16 






26 26 


28 


15 


30 


33 


35 18 


26 26 


28 


15 


30 


33 


35 18 


10 12 


14 


7 


13 


15 


17 8 


27 27 


30 


15 


30 


33 


35 18 


25 25 


28 


15 


28 


30 


33 17 


19 21 


23 


11 


24 


26 


28 14 


15 17 


20 


9 


20 


22 


24 12 


16 -___ 






12 






19 21 


23 


ii 


24 


26 


28 14 


15 -.-- 






12 






18 .___ 


.... 


_-__ 


12 


.... 





20 23 


25 


12 


25 


28 


30 14 


10 10 


12 


6 


18 


20 


22 10 


22 24 


26 


13 


25 


28 


30 14 


15 ____ 






23 






12 14 


16 


7 


20 


22 


24 12 


25 25 


28 


15 


28 


30 


33 17 


20 23 


25 


12 


20 


22 


24 12 


15 17 


20 


9 


13 


15 


7 8 


26 28 


30 


16 


18 


20 


22 11 


25 ... 






30 












17 


19 


21 10 


13 .... 


.... 


.... 


18 


.___ 





17 19 


21 


10 








23 25 


28 


14 


2'8 


30 


33 16 


16 18 


20 


10 


23 


25 


28 14 


12 15 


17 


7 


14 


16 


18 8 


18 20 


23 


11 


20 


22 


24 12 


18 20 


23 


11 


24 


25 


28 14 


23 25 


28 


13 


18 


20 


22 11 


27 27 


30 


15 


30 


32 


35 18 


20 22 


25 


11 


24 


25 


28 14 


15 17 


20 


9 


20 


22 


24 12 


26 28 


30 


15 


30 


33 


35 18 


12 15 


17 


7 


20 


22 


24 12 


24 26 


28 


14 


26 


28 


30 16 


15 17 


20 


9 


22 


25 


28 13 


26 26 


28 


15 


30 


33 


35 16 


24 26 


28 


14 


28 


30 


33 16 


28 .... 






30 






19 20 


22 


12 


23 


"25 


2S U 


19 19 


20 


10 


14 


15 


16 8 



190 N. C. Utilities Commission 

Appendix "A", N.C.U.C. Docket No. 2355, August 22, 1941. 

BETWEEN 

ROBERSONVILLE ROCKY MOUNT 

AND ABCD ABCD 

Aberdeen 28 30 33 17 23 25 28 14 

Ahoskie 15 17 20 9 18 20 22 9 

Asheville 

Boone .___ 

Burlington 28 30 33 17 23 25 28 14 

Carthage 28 30 33 17 23 25 28 14 

Carboro 24 20 

Chadbourn 28 30 33 17 25 25 28 15 

Clarkton 28 30 33 17 25 25 28 15 

Durham 21 23 25 12 16 19 22 11 

Fair Bluff 30 33 35 18 26 28 30 16 

Fairmont 30 33 35 18 25 25 28 15 

Farmville 12 15 17 7 12 14 16 7 

Fuquay Springs .. 22 25 28 13 18 20 23 11 

Gibsonville 28 24 

Goldsboro 17 19 21 10 12 14 16 7 

Graham 28 23 

Greensboro 28 24 

Greenville 12 14 16 7 12 14 16 7 

Henderson 23 25 28 14 15 17 20 9 

Kinston 15 17 20 9 15 17 20 9 

Littleton 20 15 

Louisburg 23 25 28 14 12 15 17 7 

Lumberton 30 33 35 18 25 25 28 15 

Madison 30 33 35 18 26 28 30 16 

Mebane 25 27 30 15 23 25 28 14 

Mt. Airy 33 35 40 20 28 28 30 16 

New Bern 15 17 

Oxford 23 25 28 14 16 18 20 10 

Raleigh 21 15 

Reidsville 28 30 33 16 23 25 28 14 

Robersonville 12 14 16 7 

Rocky Mount 12 14 16 7 

Roxboro 25 27 30 15 22 24 26 13 

Sanford 28 30 33 17 23 25 28 14 

Smithfield 15 17 20 9 12 15 17 7 

Stoneville 30 33 35 18 28 28 30 16 

Tabor City 30 33 35 18 28 28 30 16 

Tarboro 12 15 17 7 10 10 12 6 

Varina 22 25 28 13 18 20 23 11 

Wallace 20 22 24 12 20 22 25 11 

Warrenton 23 25 28 14 15 17 20 9 

Washington 12 15 17 7 15 17 20 9 

Wendell 18 20 23 11 12 15 17 7 

Whiteville 30 33 35 18 25 25 28 15 

Williamston 10 10 12 6 12 15 17 7 

Wilmington 22 20 

Wilson 15 17 20 9 8 10 12 6 

Winston-Salem ^ 30 33 35 16 24 26 28 14 



ROXBORO 


SI 


viit: 


HFIELD 


A B 


c 


D 


A 


B 


C D 


23 25 


28 


14 


18 


20 


23 11 


28 30 


33 


17 


23 


25 


28 14 


15 17 


20 


9 


22 


24 


26 13 


23 25 


28 


14 


18 


20 


23 11 


15 __ 






18 






28 30 


33 


17 


25 


25 


28 15 


28 30 


33 


17 


25 


25 


28 15 


11 14 


17 


7 


14 


16 


18 9 


30 33 


35 


18 


26 


28 


30 16 


28 30 


33 


17 


22 


25 


28 13 


23 25 


28 


14 


15 


17 


20 9 


20 22 


24 


12 


15 


17 


20 9 


15 ____ 






24 






23 25 


28 


U 


10 


12 


14 6 


15 -- 






22 






17 .- 


-— 


— - 


24 


— - 





23 25 


28 


14 


17 


19 


21 9 


12 15 


17 


7 


18 


20 


23 11 


23 25 


28 


14 


15 


17 


20 9 


18 .__- 






20 






18 20 


23 


11 


18 


20 


23 11 


28 30 


33 


17 


22 


25 


28 13 


20 22 


24 


12 


26 


28 


30 16 


15 17 


20 


9 


22 


24 


26 13 


20 22 


24 


12 


28 


30 


33 17 


30 . _. 






18 






12 15 


17 


7 


18 


20 


23 11 


16 .___ 




— - 


13 







14 16 


18 


8 


24 


25 


28 14 


25 27 


30 


15 


15 


17 


20 9 


22 24 


26 


13 


12 


15 


17 7 








23 


25 


28 14 


23 25 


28 


14 


18 


20 


23 11 


23 25 


28 


14 




.-_- 





20 22 


24 


12 


26 


28 


30 16 


30 33 


35 


18 


26 


28 


30 16 


24 26 


28 


14 


15 


17 


20 9 


20 22 


24 


12 


15 


17 


20 9 


30 33 


35 


18 


18 


20 


23 11 


18 20 


23 


11 


20 


22 


24 12 


25 26 


28 


15 


20 


22 


25 12 


23 25 


28 


14 


12 


15 


17 7 


28 30 


33 


17 


25 


25 


28 15 


26 28 


30 


16 


18 


20 


23 11 


28 - - 






17 






23 25 


28 


14 


12 


13 


14 7 


17 18 


20 


10 


24 


26 


28 14 



Decisions and Adjustments of Complaints 



191 



Appendix "A", N.C.U.C. Docket No. 2355, August 22, 1941. 

BETWEEN 

TARBORO WASHINGTON WENDELL WHITEVILLE 

AND ABCD ABCDABCD ABCD 

Aberdeen 26 28 30 16 28 30 33 16 20 22 25 12 20 22 24 12 

Ahoskie 16 18 20 9 18 20 23 9 23 25 28 14 35 38 40 20 

Asheville -— —~ 

Boone — . — _ -— -— — - — - - -- 

Burling-ton 23 25 28 14 26 28 30 16 22 24 26 13 28 30 33 16 

Carthage 26 28 30 16 28 30 33 16 20 22 25 12 20 22 24 12 

Carboro 20 22 25 12 25 14 25 

Chadbourn 28 30 33 15 28 30 33 17 25 25 28 15 10 10 12 6 

Clarkton 26 28 30 15 28 30 33 17 25 25 28 15 10 10 12 6 

Durham 20 22 25 11 24 26 28 12 12 14 17 7 26 26 28 15 

Fair Bluff 31 34 38 15 30 32 35 18 26 28 30 16 12 12 14 6 

Fairmont 26 28 30 16 30 33 35 18 25 25 28 15 i2 13 15 7 

Farmville 12 15 17 7 12 15 17 7 15 17 20 9 25 25 28 15 

Fuquay Springs .. 20 22 24 12 23 25 28 14 15 17 20 9 22 24 26 13 

Gibsonville 23 26 22 _... 28 

Goldsboro 15 17 20 9 16 18 20 10 15 17 20 9 22 25 28 15 

Graham 23 25 28 14 26 22 28 

Greensboro 26 28 30 15 28 24 28 

Greenville 12 14 16 6 10 12 14 6 15 17 20 9 25 25 28 15 

Henderson 20 22 25 11 24 26 28 12 12 15 17 7 26 26 28 15 

Kinston 15 17 20 9 13 15 17 7 16 18 20 10 25 25 28 15 

Littleton 15 17 20 9 23 16 33 

Louisburg 15 17 20 9 23 25 28 14 12 15 17 7 26 26 28 15 

Lumberton 26 28 30 16 28 30 33 17 25 25 28 15 12 13 15 7 

Madison 28 30 33 13 35 38 40 18 25 28 30 15 33 35 38 18 

Mebane 22 24 26 13 26 28 30 15 20 22 24 13 28 30 33 17 

Mt. Airy 35 20 35 38 40 20 28 30 33 17 35 38 40 20 

New Bern __- __ _ ____ _ ._ _ . — . _... __ _ _ .„ 25 .— 

Oxford 20 22 25 11 24 26 28 14 15 17 20 9 26 26 28 15 

Raleigh 20 22 12 24 

Reidsville 24 25 28 14 26 28 30 16 22 25 28 13 30 33 35 16 

Robersonville ______ 12 15 17 7 12 15 17 7 18 20 23 11 30 33 35 18 

Rocky Mount .-.. 10 10 12 6 15 17 20 9 12 15 17 7 25 25 28 15 

Roxboro 24 26 28 14 25 26 28 14 23 25 28 14 28 30 33 17 

Sanford 23 25 28 14 26 28 30 16 20 22 25 12 20 22 24 12 

Smithfield 15 17 20 9 20 22 25 12 12 15 17 7 25 25 28 15 

Stoneville 28 30 33 15 35 38 40 18 25 28 30 15 33 35 38 18 

Tabor City 26 28 30 15 30 32 35 16 26 28 30 16 10 12 14 7 

Tarboro 15 17 20 9 15 17 20 9 28 30 33 15 

Varina 20 22 24 12 23 25 28 14 15 17 20 9 22 24 26 13 

Walace 22 24 26 13 21 23 25 11 20 22 24 12 20 22 24 12 

Warrenton 15 17 20 9 23 25 28 14 16 18 20 10 28 30 33 17 

Washington 15 17 20 9 20 22 24 12 28 30 33 17 

Wendell 15 17 20 9 20 22 24 12 25 25 28 15 

Whiteville 28 30 33 15 28 30 33 17 25 25 28 15 

Williamston 12 14 16 9 12 14 16 7 17 19 21 11 30 33 35 18 

Wilmington 25 23 20 13 ___. 

Wilson 10 12 14 6 15 17 20 9 12 12 13 11 22 25 28 15 

Winston-Salem .... 26 28 30 14 30 33 35 16 22 24 26 13 28 28 30 15 



192 



N. C. Utilities Commission 



Appendix "A", N.C.U.C. Docket No. 2355, August 22, 1941. 
BETWEEN 



WILLIAMSTON WILSON 

AND ABCD ABCD 

Aberdeen 28 30 33 17 23 25 28 14 

Ahoskie 15 17 20 9 18 19 23 11 

Asheville 

Boone .„. 

Burlington 28 30 33 17 23 25 28 14 

Carthage 28 30 33 17 23 25 28 14 

Carboro 24 19 

Chadbourn 28 30 33 17 22 25 28 15 

Clarkton 28 30 33 17 22 25 28 15 

Durham 22 24 26 12 16 18 20 9 

Fair Bluff 30 33 35 18 23 25 28 15 

Fairmont 30 33 35 18 23 25 28 12 

Farmville 15 17 20 9 10 12 14 6 

Fuquay Springs 22 25 28 13 18 20 23 11 

Gibsonville 28 24 

Goldsboro 18 20 23 11 10 12 14 6 

Graham 28 23 

Greensboro 28 24 

Greenville 12 15 17 7 12 13 15 7 

Henderson 23 25 28 14 17 19 22 10 

Kinston 15 17 20 9 12 13 15 7 

Littleton 20 22 

Louisburg 23 25 28 14 15 17 20 9 

Lumberton 30 33 35 18 22 25 28 12 

Madison 30 33 35 18 26 28 30 16 

Mebane 28 30 33 17 23 25 28 14 

Mt. Airy 33 35 40 20 33 35 38 20 

New Bern 15 17 

Oxford 24 26 28 14 19 20 22 12 

Raleigh 22 15 

Reidsville 28 30 33 16 23 25 28 14 

Robersonville 10 10 12 6 15 17 20 9 

Rocky Mount 12 15 17 7 8 10 12 6 

Roxboro 26 28 30 16 23 25 28 14 

Sanford 28 30 33 17 23 25 28 14 

Smithfield 18 20 23 11 12 13 14 7 

Stoneville 30 33 35 18 28 30 33 16 

Tabor City 33 35 40 20 25 27 30 15 

Tarboro 12 14 16 9 10 12 14 6 

Varina 22 25 28 13 18 20 23 11 

Wallace 23 25 28 14 18 19 20 9 

Warrenton 23 25 28 14 17 19 22 11 

Washington 12 14 16 7 15 17 20 9 

Wendell 17 19 21 11 12 12 13 11 

Whiteville 30 33 35 18 22 25 28 15 

Williamston 15 17 20 9 

Wilmington 26 17 

Wilson 15 17 20 9 

Winston-Salem 30 33 35 16 24 26 28 14 



WINSTON-SALEM 
A B C P E 



20 22 24 10 Va 


13 


33 35 38 16 




33 36 40 20 




30 35 40 18 




14 16 18 9 




20 22 24 10 y2 


111/2 


16 




28 28 30 14 


is 


28 28 30 131/2 


17V2 


14 16 18 9 


11 V2 


28 30 32 14 Va 


18 


28 28 30 13 


15 


26 28 30 14 




22 24 26 10 y2 


13 


14 




26 28 30 14 




14 

12 


-- 


26 28 30 14 




20 22 25 11 




26 28 30 14 




22 





22 24 26 13 




28 28 30 12 


15 Va 


17 18 20 9 


5V2 


14 16 18 9 




18 19 20 15 


9 


30 




19 19 20 10 




20 




14 15 16 8 


91/2 


30 33 35 16 




24 26 28 14 




17 18 20 10 




20 22 24 9 


11 V2 


24 26 28 14 




17 18 20 9 


5y2 


28 30 32 141/2 


18 


26 28 30 14 




22 24 26 101/2 


13 


32 35 38 17 




24 26 28 14 




30 33 35 16 




22 24 26 13 




28 28 30 15 


18 


30 33 35 16 




30 




24 26 28 14 


.... 



Decisions and Adjustments of Complaints 193 

IN THE MATTER OF RATES FOR INTRASTATE TRANSPORTATION 
LOCALLY BY MOTOR VEHICLE CARRIERS OR JOINTLY BY MOTOR 
VEHICLE CARRIERS AND BOAT LINES, OF UNMANUFACTURED 
TOBACCO AND ACCESSORIAL COMMODITIES, DESCRIBED HERE- 
IN, FROM AND TO CITIES AND TOWNS' WITHIN THE STATE OF 
NORTH CAROLINA. 

Order 

Upon consideration of a petition by S. A. & H. L. Hennis Freight Lines 
for modification of the Commission's Order of August 22, 1941 in the 
above entitled matter and good cause appearing, therefore 

It is ordered, that the rate for transportation of unmanufactured tobacco 
under description A by Motor Vehicle between Winston-Salem and Boone, on 
page 8, Appendix A, to the aforementioned Order be and the same hereby 
is changed from 30 cents to 20 cents per 100 pounds. And 

It is further ordered, that except as modified herein, the said Order of 
August 22, 1941 in this proceeding shall remain in full force and effect 
until further Order of the Commission. 

By Order of the Commission: 

This the 12th day of September, 1941. 

R. O. Self, Chief Clerk. 

Docket No. 2355. 



FRANCHISE CERTIFICATE TO BE REQUIRED OF ALL MOTOR 
VEHICLE CARRIERS ENGAGED IN THE INTRASTATE TRANS- 
PORTATION OF UNMANUFACTURED TOBACCO AND ACCES- 
SORIAL COMMODITIES FROM AND TO CITIES AND TOWNS 
WITHIN THE STATE OF NORTH CAROLINA. 

Pursuant to a general order of the Commission, dated July 30, 1941, in 
Docket No. 2355, notice is hereby given that motor vehicle carriers of un- 
manufactured tobacco are required to file an application with this Com- 
mission, on or before December 1, 1941, for a franchise certificate to engage 
in such transportation, using the attached forms, accompanied by a filing 
fee of ten dollars ($10.00). Upon receipt of said applications, or as soon 
thereafter as the Commission's Docket will permit, the time and place 
for a public hearing will be fixed and notice thereof will be issued. 

Any person desiring to engage in the transportation described above 
after December 1, 1941, as a motor vehicle carrier, will, upon request, be 
supplied with additional information relating to the Commission's Rules of 
Practice and Procedure governing applications for franchise certificates. 

By Order of the Commission: 

This 29th day of September, 1941. 

R. O. Self, Chief Clerk. 
Docket No. 2355. 



194 N. C. Utilities Commission 

IN THE MATTER OF RATES' FOR INTRASTATE TRANSPORTATION 
LOCALLY BY MOTOR VEHICLE CARRIERS OR JOINTLY BY MOTOR 
VEHICLE CARRIERS AND BOAT LINES, OF UNMANUFACTURED 
TOBACCO AND ACCESSORIAL COMMODITIES, DESCRIBED HERE- 
IN, FROM AND TO CITIES AND TOWNS WITHIN THE STATE OF 
NORTH CAROLINA. 

Order 

It appearing, that by order of August 22nd, 1941, in the above entitled 
proceeding-, provision was made for rates between Winston-Salem, on the 
one hand and a number of side-line points, on the other hand, as set out on 
page 8 Appendix "A" to said order, for the transportation of Hogsheads, 
slack, in half sections, as described under "E" page 2, of the appendix. 
Upon further consideration and good cause appearing therefor, 

It is ordered, that the order of August 22nd, 1941, to the extent that 
rates are provided as set out in the preceding paragraph be, and the 
same hereby is, modified so that the rates appearing under "E" page 8, 
of the appendix are of no further force and effect, and that rates on the 
commodity described under Description "E", page 2, of the appendix shall 
be for the future, from and to all points in the entire appendix the same as 
appear under Description "D." 

It is further ordered, that, except as modified herein, the said order 
of August 22nd, 1941, and orders subsequently entered in this proceeding 
shall remain in full force and effect until the further order of the Com- 
mission. 

By Order of the Commission: ' 

This the 21st day of October, 1941. 

R. 0. Self, Chief Clerk. 

Docket No. 2355. 

IN THE MATTER OF RATES' FOR INTRASTATE TRANSPORTATION 
LOCALLY BY MOTOR VEHICLE CARRIERS OR JOINTLY BY MOTOR 
VEHICLE CARRIERS AND BOAT LINES, OF UNMANUFACTURED 
TOBACCO AND ACCESSORIAL COMMODITIES, DESCRIBED HERE- 
IN, FROM AND TO CITIES AND TOWNS WITHIN THE STATE OF 
NORTH CAROLINA. 

Order 

It appearing, that by order of August 22, 1941, in the above entitled 
proceeding provision was made for rates on commodities included in De- 
scriptions "A" and "D" as set forth therein between Boone, N. C, on one 
hand, and Durham and Reidsville, N. C, on the other hand. 

It also appearing, that by the same order provision was made for rates 
on commodities separately as included in Descriptions "D" and "E," and 
that by Supplemental Order of October 21, 1941, in the same proceeding, 
commodities included under Description "E*' were transferred to Description 
"D" and the rates under Description "E" ordered cancelled, thereby resulting 
in application of Description "D" rates upon commodities formerly listed in 
both Descriptions "D" and "E." Upon further consideration and good cause 
appearing therefor. 



Decisions and Adjustments of Complaints 195 

It is ordered, that the rates for transportation of commodities included 
in Descriptions "A" and "D," after amendments referred to in the preceding 
paragraph, between Boone, N. C, on one hand, and Durham and Reids- 
ville, on the other hand, set forth on Pages 3 and 5, Appendix "A" to the 
aforementioned order, be and the same are, hereby changed to the following: 

And Between 



Boone, N. C. 



Durham 


Reidsville 


A D 


A D 


37 23 


30 18 



It is further ordered, that amended and consolidated Description "D" 
be, for the purpose of clarification, amended to read as follows: 

Description D — Copperage S'tock in straight or mixed shipments, viz: 
Heading 
Head Liners 

Staves and Hoops, knocked down, in bundles or in sections. 
Hogsheads, slack, in half sections (Wooden with metal hoops and 
hoop fasteners attached, and with head liners attached or loose). 
It is further ordered, that except as modified herein, the said order of 
August 22, 1941, and orders subsequently entered in this proceeding shall 
remain in full force and effect until further order of the Commission. 
By Order of the Commission: 
This the 4th day of November, 1941. 

R. O. Self, Chief Clerk. 
Docket No. 2355. 



TO ALL MOTOR CARRIERS AND SHIPPERS OF UNMANUFAC- 
TURED TOBACCO. 

It has come to the attention of this Commission that in some instances 
charges for the transportation of unmanufactured tobacco have been 
assessed at the net weight of the shipment excluding the weight of con- 
tainers in direct violation of Rule 1, Page 1, of Appendix "A" to the order 
of August 22, 1941, wherein it is clearly provided that all charges are to 
be computed on the gross weight of shipment. 

The attention of shippers and carriers is again directed to Page 4, of 
the order dated July 30, 1941. Failure to comply with the prescribed regu- 
lations subjects the offending parties to the penalties referred to there and 
the additional penalty of license revocation for carriers as provided in 
C. S. 2613(q). 

By Order of the Commission: 

This the 24th day of November, 1941. 

R. O. Self, Chief Clerk, 

Docket No. 2355. 



196 N. C. Utilities Commission 

FRANCHISE CERTIFICATE TO BE REQUIRED OF ALL MOTOR 
VEHICLE CARRIERS ENGAGED IN THE INTRASTATE TRANS- 
PORTATION OF UNMANUFACTURED TOBACCO AND ACCES- 
SORIAL COMMODITIES FROM AND TO CITIES AND TOWNS 
WITHIN THE STATE OF NORTH CAROLINA. 

By notice dated September 29, 1941, Docket No. 2355, in the above 
entitled matter, the date on or before which applications are to be filed 
with the Commission is fixed as December 1, 1941. Circumstances have now 
arisen which make it expedient to extend the time in which persons desir- 
ing to continue in the transportation described above may file their appli- 
cations, and good cause appearing therefor, the date is hereby postponed 
to March 1, 1942. In all other respects the notice of September 29, 1941, 
remains unchanged. 

By Order of the Commission: 

This 29th day of November, 1941. 

R. 0. Self, Chief Clerk. 

Docket No. 2355. 



FRANCHISE CERTIFICATE TO BE REQUIRED OF ALL MOTOR 
VEHICLE CARRIERS ENGAGED IN THE INTRASTATE TRANS- 
PORTATION OF UNMANUFACTURED TOBACCO AND ACCES- 
SORIAL COMMODITIES FROM AND TO CITIES AND TOWNS 
WITHIN THE STATE OF NORTH CAROLINA. 

By notices dated September 29th, 1941, and November 29th, 1941, 
Docket No. 2355, in the above entitled matter, the date on or before which 
applications are to be filed with the Commission is fixed as March 1st, 
1942, tlircumstances have now arisen which make it expedient to extend 
the time in which persons desiring to continue in the transportation 
described above may file their applications, and good cause appearing 
therefor, the date is hereby postponed to July 1st, 1942. In all other 
respects the notice of September 29th, 1941, remains unchanged. 

By Order of the Commission: 

This 28th day of February, 1942. 

R. 0. Self, Chief Cle'rk. 

Docket No. 2355. 



IN THE MATTER OF TEMPORARY CHARTER SERVICE FROM FORT 
BRAGG TO NEW YORK. 

Order 

This cause arises again upon the visit to this office by and letter from 
Rev. B. Frank Cochran, Chaplain, 39th Infantry, Fort Bragg, North 
Carolina. 

It appears that the 39th Infantry is from the New York area and that 
it desires a through service from the Fort Bragg area for the return of 
soldiers who are now stationed at Fort Bragg but who desire to visit in 
the New York area. 



Decisions and Adjustments of Complaints 197 

The principal reason for this request is that the soldiers have short 
leaves of absence that require night travel, for which they need reclining 
chairs; drivers who know the roads in the New York area so as to expedite 
arrival home, and other necessary requirements which it is thought neces- 
sary and can be furnished more readily by a carrier organized to operate 
in the New York area. It appears that there is urgent and immediate 
need for this service occasioned by the Federal Defense Program, and the 
applicant seeks this authority to use buses of the Atlantic Greyhound 
Corporation at Fort Bragg when available solely for the purpose of trans- 
porting soldiers on charter trips to the New York area, either direct or 
to be transferred to connecting carriers, therefore, it is 

Ordered, that the request be granted temporarily because of the Federal 
Emergency Defense Program, for service to the U. S. Army from Fort 
Bragg to points in the States of New York, New Jersey, and Connecticut, 
and it is 

Further ordered, that this authority shall automatically expire one 
hundred and twenty days from the date hereof unless further extended 
or terminated by this order. 

This the fifth day of March, 1941. 

Stanley Winborne, Utilities CoTtimissioner. 

By Order of the Commissioner: -< 

R. 0. Self, Chief Clerk. 
Docket No. 2217. 



IN THE MATTER OF PETITION OF CERTAIN CERTIFICATED MOTOR 
CARRIERS OF PROPERTY FOR APPROVAL OF AT LEAST AN 
INCREASE OF TWENTY-FIVE PER CENT IN THEIR INTRASTATE 
RATES AND CHARGES. 

Order 
Appearances : 

Applicants : 

I. M. Bailey, Raleigh, N. C. 
R. S. Cooper, Greensboro, N. C. 
Protestants : 

Needham B. Correll, Winston-Salem, N. C, for R. J. Reynolds Tobacco 

Co., and the North Carolina Traffic League, Inc. 
Chas. W. Strickland, Greensboro, N. C, for Cone Export and Com- 
mission Co., Proximity Mfg. Co., and the City of Greensboro. 
Albert H. Lathrop, Enka (Asheville) N. C, for the American Enka 
Corp. 
Absent: 

W. S. Creighton, Charlotte, N. C, for North Carolina Traffic League 
and Charlotte Shippers and Manufacturers Association. (Appear- 
ance shown by consent.) 
By petition filed March 9, 1942, the larger certificated Motor Carriers of 
property operating principally over fixed routes and a representative short 



198 N. C. Utilities Commission 

line group of the same class of carriers seek authority to establish at least 
an increase of 25 per cent in their then existing rates and charges. Repre- 
senting the matter as being in the nature of an emergency and urging the 
necessity for prompt action, the petitioners requested an immediate hear- 
ing. Their request was granted, and over a plea by shippers for time to 
prepare, the matter was set and came on for hearing March 17, 1942, with 
appearances as noted above. 

In support of an averment that income from the rates and charges is 
insufficient to pay operating expenses and a fair return upon the service, 
the petitioners tendered an accounting witness, whose testimony, presented 
largely by parol with frequent reference to documents, is not subject to 
analysis and appraisal with ease. The net profit position is indicated indi- 
vidually and collectively, for the year of 1940 as compared with 1941, for 
a selected group of carriers. Seven carriers of that group are not appli- 
cants in this proceeding and one of the seven does not come within the classi- 
fication of carriers here considered. The eight remaining applicants in the 
aggregate, show $55,149.23 for 1940, and $28,706.09 in 1941 as "net profit." 

At another place, with reference to the term "profit," the results of seven 
carriers are shown comparatively for the years of 1940 and 1941. The 
aggregate profit for 1941 is shown to be a little less than in 1940. In pre- 
senting these figures it was stated that the method used by one of these 
carriers in arriving at the total differed from that followed by the others. 
The quarterly profit performance (receipts less expenses), for the last three 
quarters of 1940 and 1941 is shown for a group of six unidentified carriers. 
The total profit of that group for the last three quarters of 1940 is shown 
as $82,716.12 and for the corresponding period of 1941 it is $70,363.28 or 
$12,352.84 less profit for the last three quarters of 1941 than for the cor- 
responding period of 1940. Less profit appears for the final quarter of 1940 
than for the two preceding quarters of that year, the same is true of the 
presentation for 1941 except in the final quarter of that year a loss of 
$16,511.01 is shown which, of course, exceeds the total diminution in profit 
of $12,352.84 for the total of the three quarters of 1941 under 1940. 

The eighteen applicants in this proceeding also submitted financial sta- 
tistics setting out in total amounts the reported assets and liabilities of 
twenty-nine unclassified carriers for the calendar year of 1940. This testi- 
mony as clearly stated by the witness purports to show that motor carriers 
do not have any sustaining power for maintaining any loss; stated differ- 
ently, they have no working capital ratio. In view of their continuous liquid 
operations it is conceivable, that in some manner the carriers experienced 
an improvement in their working capital ratio within the period of four- 
teen and one-half months intervening between December 31, 1940, the date 
of the statement just referred to and the time of taking testimony herein, 
March 17, 1942. 

Protestants proposed that the evidence of financial statistics be submitted 
in exhibit form. Applicants objected to the proposal on the ground that 
a lack of time precluded preparation of the customary documents. Used 
synonymously at one place or another, the meaning of the terms "profit," 
"net profit," "net gain" and "surplus" is not entirely clear. Surplus is the 
remainder after dividends and reserve, rarely applicable to the question of 



Decisions and Adjustments of Complaints 199 

rate inadequacy. It is also observed that the terms "working ratio of net 
income to total revenue," "profit per cent of revenue," "working capital 
ratio," and "margin" when used interchangeably are not meaningful to a 
desirable degree of definiteness and certainty. 

The request of applicants for at least an increase of 25 per cent in their 
intrastate rates and charges is also motivated by a desire for a rate 
parity with the railroads. The general basis of class rates in effect by 
applicants at time of hearing herein as commonly referred to as the 
Docket 910 scale. It was promulgated by this Commission in June, 1937, 
for intrastate application by the railroads, and for use in connection with 
the higher ratings and percentage columns was adopted by applicants with 
approval of this Commission in September, 1937. Following a general 
increase in the interstate railroads rates of approximately ten per cent 
in April, 1938, the applicant motor carriers herein then sought approval 
of a corresponding increase in their rates and charges which upon protest 
of shippers and their organizations were suspended and investigated in 
Docket No. 1293. Upon failure of respondents (applicants herein) in that 
proceeding to submit information called for in a bill of particulars, and 
upon their petition, the order of investigation was vacated and that pro- 
ceeding was discontinued in January, 1940. 

On September 1, 1940, the railroads voluntarily reduced 3519 ratings and 
consequently the charges and a substantial portion of merchandise traffic. 
These reductions apply intrastate and interstate within the South and 
between Southern and Official Territories. Simultaneously with the rail 
adjustment the motor carriers effected corresponding reductions in their 
classification ratings, except as to intrastate traffic within the state of 
North Carolina where they continue to operate under the higher ratings. 

Following the sweeping reductions in classification ratings by the rail- 
roads only within the State, and otherwise as referred to in the preceding 
paragraph, the intrastate railroad class rates were increased slightly for 
hauls within the shorter local truck competitive distance range of 200 miles. 
Greater increases were applied for the longer distances. This upward adjust- 
ment in the intrastate class rate scale resulted from an investigation by the 
Interstate Commerce Commission in Docket No. 27900, under Section 13 of 
the Interstate Commerce Act. It became effective on October 31, 1942, 
shortly after the downward revision of merchandise classification ratings 
on September 1, 1940. The railroad rates, both inter and intrastate, through- 
out the country have again been advanced six per cent on general traffic 
and three per cent on agricultural products and certain basic commodities. 

The applicants represent a type of transportation agency, which in 
point of time is comparatively of recent origin and entry into the field. 
Their proper place in the transportation scheme, a subject of incessant 
discussion, has never been definitely determined, either by the various regu- 
lating authorities, the shippers, the carriers themselves, or by natural 
development. By direction of Congress, the Federal Research Board is at 
present, among other things, investigating the relative economy and fit- 
ness of motor carriers with the view of determining the service for which 
they are especially fitted or unfitted. The rate structure, or stated differ- 
ently, price fixing of the service, has largely been left to the managerial 



200 N. C. Utilities Commission 

discretion of the applicants, who upon the submission of meagre cost 
evidence, now seek our approval of continuing the railroad pattern dras- 
tically increased for merchandise traffic, with its rapid rate of progres- 
sion for short distances and at another place they express a desire for 
participating in the movement of low revenue producing traffic, for which 
the railroad rates progress in straight line competitively designed to meet 
a type of truck transportation, i.e., the truck load single commodity hauler, 
not here involved. Some of the railroad rates to which applicants would 
reduce theirs, mistakenly or otherwise, bear a much lower relation to 
first class than now used by the franchise carriers. To illustrate: 

The volume rating by rail for caustic soda in packages by rail is 25G or 
approximately ninth class (25% of 1st). Under applicants' adjustment it 
is seventh class or 35 per cent of Class 1. Both bases of rates follow the 
same pattern or curve of progression. The rail rates of respective distances 
of 40, 80, and 120 miles are 14, 18, and 22 cents per 100 pounds and will 
yield 7, 5, and 4 cents per ton-mile. For like distances the motor carrier 
rates are 16, 23, and 27 single, 30 cents joint line, yielding 8, 6, 4^/^ single 
and 5 cents joint line, per ton-mile. The franchise carrier classification of 
compressed cotton is 50 per cent of Class 1 and following the class scale 
curve will produce ton-mile revenue of 10, 9, and 7 cents for respective hauls 
of 50, 75, and 100 miles. The railroad progression is constant, yielding 4 
cents per ton-mile for either distance. 

Going to the premise of the necessity for an increase in rates to meet 
advancing prices in the cost of materials, labor, and taxes, the evidence 
adduced by the operating witnesses is persuasive that an increase has been 
justified. Whether the carriers are in a position to effect economics by 
improved efficiency of terminal and other operations or whether some 
traffic is being handled at a loss cannot be ascertained from this record. 
The rate structure does not appear to be directly related to the cost of 
operating the service but rather in part at least to an adjustment set up 
many years ago for an agency of transportation somewhat dissimilar to 
fixed route motor carriers but somewhat competitive nevertheless. 

The regulating authorities in some states have required the motor 
carriers to submit traffic and cost studies, developing therefrom in some 
instances, a system of rates directly related to cost and space displace- 
ment, without design for carrier competitive influences. The Interstate 
Commerce Commission has announced an investigation of the motor carrier 
class rates and ratings in Docket Nos. MC-C 200 and MC-C 150. Our 
authority extends to the making or approving of rates and the petition here 
is addressed to the latter statutory provisions of approving a drastic 
general increase of 25 per cent, rather than the exercise of our power 
to make precise rates for which the present record affords no basis. The 
testimony by a traffic employee of a carrier operating intrastate here and 
within Official Territory that he had no other information with him that 
would allow him to say anything other than the fact that "we could operate 
as cheaply in North Carolina as we could in Official Territory," (Tr. 71) 
when viewed in the light of a higher scale here, applying in connection 
with a classification more nearly uniform with Official Classification than 
that used in other parts of the South, might appear to be worthy of further 



Decisions and Adjustments of Complaints 201 

investigation. To determine whether the present system needs reconstruct- 
ing or to find the need for so great an increase as proposed in the present 
structure will require a greater variety of evidence and a more extensive 
record than that afforded by the hearing herein. This, without prejudice 
to the right of applicants to submit for our review, and consideration by 
representatives of the shipping public, any proposed revision of the rate 
structure, which in the exercise of their managerial wisdom, may give 
promise to a fair return for the service rendered and make for uniformity 
and harmony without the implication of sectional discrimination. 

A few days after the hearing in this matter we were petitioned by R. S. 
Cooper, Tariff Publishing Agent, on behalf of the forty franchised carriers 
of the state, including the applicants herein, for authority to file with us, on 
notice of one day, an increase in rates and charges of 10 per cent. The 
statute provides for the filing of increases upon not less than thirty days' 
notice, except in our discretion less notice may be authorized under special 
conditions. Upon considering the grounds of said short notice application in 
relation to the instant proceeding and the measure of relief deemed needful 
by all the carriers as 10 per cent of the then existing rates and charges, 
we lengthened the notice of one day as sought to five days and permitted 
the increase of 10 per cent to become effective on March 28, 1942, under 
Docket No. 1293. 

In the circumstances, upon consideration of all the evidence we find the 
applicants have justified an increase in their rates and charges of indeter- 
minate measure upon this record, and in view of their action in concert with 
other carriers of the same class in Docket No. 1293 referred to above; 

It is ordered, that the petition herein be, and the same hereby is, dismissed, 
and that this proceeding be discontinued. 

R. 0. Self, Chief Cle'rk. 

By the Commission: 

This the 24th day of April, 1942. 

Docket No. 2561. 

APPLICATION OF A & C BUS LINES', INC., TO OPERATE FROM 
CHARLOTTE OVER N. C. HIGHWAY 21 TO PADGETT'S STORE, 
APPROXIMATELY SIX MILES FROM CHARLOTTE; THENCE OVER 
SECONDARY HIGHWAY 122 TO INTERSECTION OF 122 AND 123; 
THENCE OVER SECONDARY HIGHWAY 116 TO DERITA AND 
THENCE OVER HIGHWAY 116 TO SUGAW CREEK CHURCH; 
THENCE RETURN OVER HIGHWAY 116 TO DERITA; THENCE 
FROM DERITA TO CHARLOTTE OVER HIGHWAY NO. 11. 

Order 
Before Commissioner Hunter 
This is an application for motor vehicle franchise rights (1) from Char- 
lotte over U. S. Highway No. 21 to Padgett's Store, approximately six 
miles from the Charlotte city limits, thence over highway designated on 
the Mecklenburg County highway map as Highway No. 122 to Derita, and 
return over the same route; (2) from Charlotte to Derita over Highway 
No. 11; thence from Derita to Sugaw Creek Church over Highway No. 116, 



202 N. C. Utilities Commission 

as designated on said county map, and return over the same route. Said 
application came on for hearing after due notice and was heard at the 
Commission's hearing room in Raleigh on the 18th day of June, 1942. 

Appearances: 

For the Applicant: 

J. L. DeLaney, Charlotte, N. C. 
For the Protestants: 

None. 

Hunter, Commissioner. It appears from the testimony that approximately 
100 families live along U. S. Highway No. 21 between the city limits of 
Charlotte and Padgett's Store and that a number of families live along the 
Highway No. 123 between Padgett's Store and Derita. It also appears from 
the testimony that approximately 75 families live along Highway No. 116 
between Derita and Sugaw Creek Church and that the town of Derita has 
a population of approximately 300 people. It also appears from the testi- 
mony that the people living along U. S. Highway No. 21 between Charlotte 
and Padgett's Store are not presently served by any local transportation 
service, the only service along said route being that of the Atlantic Grey- 
hound Corporation, which is not adequate nor satisfactory for local needs. 
It further appears from the testimony that the people living in Derita 
and along said Highways Nos. 11, 116 and 123 are not now served by any 
motor vehicle carrier. It definitely appears from the testimony offered that 
public convenience and necessity exist for the service proposed. It is 
therefore 

Ordered (1) that the application of the A & C Bus Lines, Inc., for 
motor vehicle franchise rights to transport passengers from Charlotte over 
U. S'. Highway No. 21 to Padgett's Store, approximately six miles from 
the Charlotte city limits, thence over highway designated on the Meck- 
lenburg County highway map as No. 122 to Derita, and return over the 
same route; and from Charlotte to Derita over Highway No. 11, thence 
from Derita to Sugaw Creek Church over Highway No. 116, as designated 
on said county map, and return over the same route be and the same is 
hereby granted. 

(2) Unless exceptions are filed hereto within ten days from the date 
hereof, the findings and order herein will become effective as the findings 
and order of the full Commission. 

This the 20th day of June, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Com7)iissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission: 
R. 0. Self, Chief Clerk. 

Docket No. 2623. 



Decisions and Adjustments of Complaints 203 

APPLICATION OF CLARENCE L. DAVIS, d/b/a APPALACHIAN 
TRAIL BUS LINE, OF MURPHY, FOR FRANCHIS'E CERTIFICATE 
TO OPERATE AS MOTOR VEHICLE CARRIER OF PASSENGERS 
FROM MURPHY TO TOPTON WITH CLOSED DOORS, VIA AN- 
DREWS, OVER U. S. HIGHWAYS NOS. 19 AND 129; THENCE FROM 
TOPTON TO NORTH CAROLINA-TENNESSEE STATE LINE VIA 
ROBBINSVILLE AND TAPOCO OVER U. S. HIGHWAY NO. 129. 

Order 
Before the Full Commission 
This is an application for a certificate of public convenience and necessity 
to transport passengers, mail and light express, by motor vehicle between 
Murphy and the North Carolina-Tennessee State line over U. S. Highways 
Nos. 19 and 129, heard, pursuant to notice, on the 7th day of August, 1941. 
Mr. J. R. Lewis, representing the Smoky Mountain Stages, Inc., appeared 
at said hearing and entered protest to the granting additional franchise 
rights over its route between Murphy and Topton, and insisted that in the 
event such rights were granted over that portion of its line the applicant 
should be required to compensate the Smoky Mountain Stages, Inc., by some 
equitable division of the revenue accruing to the said applicant from its 
operations between said points. 
Appearances : 

For the Applicant: 

C. E. Hyde, Murphy, North Carolina. 
R. B. Morphew, Robbinsville, North Carolina 
For the Protestant: 

J. R. Lewis, Asheville, North Carolina, for Smoky Mountain Stages. 

Hunter, Commissioner: The Smoky Mountain Stages, Inc., now operates 
a motor vehicle passenger service under both interstate and intrastate 
rights between Murphy and Topton, and is rendering amiple and satis- 
factory service between said points, a distance of approximately twenty- 
five miles. The applicant now operates a motor vehicle passenger service 
under interstate rights between points in North Carolina and Tennessee, 
which includes the highways described in its present intrastate applica- 
tion, and of which said highway between Murphy and Topton is a link. 
The said applicant also operates a motor vehicle passenger service under 
intrastate rights between Murphy and Franklin over U. S. Highway No. 64. 

While the service between Murphy and Topton is sufficient for present 
needs, there is now no intrastate service between Murphy and Topton and 
intermediate points on the one hand, and points between Topton and the 
Tennessee State line on U. S. Highway No. 129 on the other hand. 
Graham County, which is traversed by the proposed line has no intra- 
state common carrier passenger service, either by rail or by motor vehicle, 
and has no wholesale houses or local banking facilities. Its citizens may now 
use the applicant's interstate service in traveling to and from points in 
Tennessee, but are not permitted to use said service within the county, or 
to and from Andrews and Murphy, or other trading points in North Caro- 
lina on the proposed line. The area to be served is in the proximity of 
the Great Smoky Mountains National Park and of a hydro-electric power 



204 N. C. Utilities Commission 

development, consisting of a number of projects completed or in the course 
of construction, all of which contribute to the need for the service requested. 

Upon consideration of all the testimony, the Commission finds public con- 
venience and necessity for operating rights applied" for, subject to certain 
restrictions between Murphy and Topton. It is, therefore 

Ordered that the applicant, Clarence L. Davis, trading as Appalachian 
Trail Bus Line, be, and he is hereby, gi^anted motor vehicle franchise 
rights to transport passengers, mail and light express, over U. S. High- 
ways Nos. 19 and 129, from Murphy to the North Carolina-Tennessee State 
line, and return, provided, the rights herein granted shall not include the 
right to transport passengers originating and destined for points between 
Murphy and Topton, or originating at Murphy or points between Murphy 
and Topton and destined for points on the franchise route of the Smoky 
Mountain Stages, Inc., north and east of Topton; that a franchise be 
issued accordingly upon compliance by the applicant with the law with 
respect to filing insurance and equipment specifications. 

This the 16th day of February, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner. 

By Order of the Commission: 
R. 0. Self, Chief Clerk. 

Docket No. 1713. 

APPLICATION OF ASHEVILLE-ELK MOUNTAIN BUS LINE (AS 
AMENDED) TO OPERATE AS MOTOR VEHICLE CARRIER OF 
PASSENGERS FROM: (a) ASHEVILLE VIA TEMP, N. C. HIGH- 
WAY NO. 63, TO WOODFIN, VIA BURNSVILLE HILL ROAD TO 
TOP OF BURNSVILLE HILL, AND VIA ELK MOUNTAIN ROAD 
TO ELK MOUNTAIN VILLAGE AND MILL, AND RETURN SAME 
ROUTE, AND/OR (b) ASHEVILLE VIA N. C. HIGHWAY NO. 63 
(OR 191) TO CRAGGY BRIDGE AND VIA N. C. HIGHWAY NO. 191 
TO ELK MOUNTAIN VILLAGE AND MILL AND RETURN SAME 
ROUTE, AND/OR (a), (c) ASHEVILLE TO LEICESTER AND BE- 
YOND TO PLEMMONS STORE AND RETURN VIA HIGHWAY NO. 
63. 

Order 
Honorable Stanley Winborne, Chairman. 
Appearances : 

For the Applicant : 

Hubert C. Jarvis, Asheville, North Carolina. 

For the Protestants : 

J. C. Cheeseborough, Asheville, North Carolina 
and Monroe Redden, Hendersonville, North Carolina, 
Glen Ray t/a Leicester Bus Line and 
Marion Holcome t/a Mars Hill-Weaverville Bus Line. 
This matter came before the Commission for hearing and was heard on 
March 12, 1942, on the application of the Asheville-Elk Mountain Bus Line 
asking for franchise to operate as motor vehicle carrier of passengers from : 



Decisions and Adjustments of Complaints 205 

(a) Asheville via Temp, N. C. Highway No. 63, to Woodfin via 
Burnsville Hill Road to top of Burnsville Hill and via Elk Mountain 
Road to Elk Mountain Village and mill, and return same route; 

(b) Asheville via N. C. Highway No. 63 (or 191) to Craggy Bridge 
and via N. C. Highway No. 191 to Elk Mountain Village and mill, 
and return same route. 

(c) Asheville to Leicester and beyond to Plemmons Store and return via 
N. C. Highway No. 63. 

The application was amended at the hearing by consent to include an 
operation to Plemmons Store and return over N. C. Highway No. 63. 

The Mars Hill-Weaverville Bus Line and the Asheville-Leicester Bus Line, 
through their respective attorneys, opposed the granting of the franchise 
upon the ground that most of the highways involved in the instant applica- 
tion were covered by franchises held by their respective clients. It was con- 
tended that the Mars Hill-Weaverville Bus Line operated from Asheville 
out through Woodfin and Craggy, sometimes known as Craggy Ridge, and 
return, and that the Asheville-Leicester Bus Line follows the course from 
Asheville out the Emma Road to Dryman Mountain, and thence by the 
Leicester Road to Leicester. Furthermore, it was contended that the Ashe- 
ville-Leicester Bus Line is now operating through the territory to the 
village of Juno without a franchise, but with the permission of the Utilities 
Commission. As to the permission of the Utilities Commission there was 
controversy. It was also contended that there is a road through the Lee 
Bridge section to Dryman Mountain, which is being served by the pro- 
testants. The protestants contended that the service which they were giving 
under franchise and under permission of the Utilities Commission was 
ample for the territory and adequate for the needs thereof. 

The applicant offered several witnesses whose testimony tended to show 
that the territory which it proposed to serve and which was presently 
served in part by the protestants was very thickly settled and contained 
three schools and many manufacuring plants employing altogether several 
thousand people, and that the present service was inadequate for the 
rapidly increasing need for public transportation. It was pointed out that 
the restriction on the use of tires was bringing about a rapidly increasing 
need for transportation facilities and that the present operators were 
not giving the service required in the territory which they served, and 
that the territory which was not served by the present operators which 
the applicant proposed to serve was in dire need of service. The Commis- 
sion, in addition to the testimony adduced at the hearing, takes judicial 
notice of the fact that since then the Government has rationed gasoline, 
which has made the situation still more acute. 

From a consideration of the whole record, the Commission is of the 
opinion, and so finds as a fact, that convenience and necessity has been 
shown for the granting of the application for the duration of the war 
and until six months after peace is declared, and 

It is therefore ordered, that if no Exceptions are filed to this recommended 
order within ten days hereof, that then upon a compliance with the rules 
and regulations of this Commission a franchise certificate shall be issued 
to the applicant to operate buses for the transportation of passengers over 
the routes set out hereinabove, as amended, upon the condition that the 



206 N. C. Utilities Commission 

Commission reserves the right to terminate this franchise at the end of six 
months following a declaration of peace in the present war. 
This the 28th day of May, 1942. 

Stanley WrNBORNE, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Docket No. 2528. 



IN THE MATTER OF DOCKET NO. 2528: APPLICATION OF ASHE- 
VILLE-ELK MOUNTAIN BUS LINE. 

Order Overruling Exceptions 

This cause came before the full Commission on June 16, 1942, upon 
exceptions filed on June 8, 1942, by Messrs. M. M. Redden, Johnson & 
Uzzell, Attorneys for protestant. Mars Hill-Weaverville Bus Line, to the 
findings and order made by Chairman Winborne on May 28, 1942. 

Upon consideration of said exceptions, argument of counsel for the 
respective parties and briefs filed, the Commission finds no reason to 
vacate or modify the order heretofore entered in this cause, and said 
exceptions and each of them are hereby overruled and dismissed, and the 
findings and order made and entered in this cause on the 28th day of 
May, 1942, are hereby made the findings and order of the full Commission. 
This 1st day of July, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner, 
By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No, 2528. 



APPLICATION OF ATLANTIC & EAST CAROLINA RAILWAY COM- 
PANY FOR FRANCHISE CERTIFICATE TO OPERATE AS MOTOR 
VEHICLE CARRIER OF FREIGHT OVER HIGHWAYS NOS. 70 AND 
155 FROM GOLDSBORO VIA LaGRANGE, KINSTON, AND DOVER 
TO NEW BERN; THENCE OVER HIGHWAY NO. 70 TO MORE- 
HEAD CITY VIA HAVELOCK. 

Order 

The above application, as amended and presented before the Commission, 
proposes to use motor vehicles as supplemental to or as an auxiliary to 
the rail operations of the applicant between Goldsboro and Morehead City, 
shipments handled to be limited to shipments which move by rail either 
prior or subsequent to the movement by motor vehicle, and on rail bills 
of lading and at rail rates. 

With the above stipulations as to purposes and limitations the cause 
came on for hearing without opposition on the 19th day of August, 1941. 
Commissioner Tucker did not sit on the hearing of the cause but concurs 
with the hearing Commissioners in the findings and order herein set out. 



Decisions and Adjustments of Complaints 207 

Appearances: 

For the Applicant : 

Matt H. Allen, Kinston, N. C, and H. P. Edwards, New Bern, N. C. 

For the Protestants : 

R. B. Gwathmey, Wilmington, N. C, for Atlantic Coast Line Railroad 
Co.; I. M. Bailey, Raleigh, N. C, for Thurston Motor Lines and Capital 
Coast Motor Lines, lessor. 

Hunter, Commissioner: It appears from the testimony that the applicant, 
Atlantic and East Carolina Railway Company, is an operating company 
and files the application herein in its capacity as lessee of the Atlantic and 
North Carolina Railroad Company, the owner of a line of railroad extend- 
ing from Goldsboro to Morehead City, North Carolina; that said railroad 
has been in constant operation for approximately eighty-five years, has con- 
tributed in a very large measure to the development of Eastern North 
Carolina, and represents an investment of approximately $3,000,000.00, 
seventy-two per cent of its capital stock being owned by the State of 
North Carolina; that said applicant is now operating said line of railroad 
under a twenty-five year lease. 

It further appears from the testimony that modern paved highways now 
parallel said railroad from Goldsboro to Morehead City, over which motor 
vehicle carriers operate, diverting an ever increasing volume of business 
from said railroad, and resulting in loss of revenue to the extent that the 
continued operation of said railroad is being seriously threatened; that 
the applicant receives and handles large quantities of merchandise in less 
than carload lots for distribution along its line, which it can deliver by 
motor truck at a great saving of time, car rental, switching of cars, and 
other expense incident to train operations; that by the establishment of 
motor truck service certain trains and rail equipment can be eliminated 
effecting a saving of approximately $21,000.00 per annum. 

Upon consideration of all the testimony, the Commission finds that public 
convenience and necessity exist for the granting of motor vehicle franchise 
rights between Goldsboro and Morehead City for the purposes and with 
the limitations stipulated in the application. It is therefore 

Ordered, (1) That the application of the Atlantic and East Carolina 
Railway Company for motor vehicle franchise rights over U. S. Highway 
No. 70 from Goldsboro via LaGrange, Kinston, Dover, New Bern and Have- 
lock to Morehead City, and return, be and the same is hereby granted, 
limited, however, to transportation of property supplemental to or as an 
auxiliary to the rail operations of the applicant, all shipments to be limited 
to shipments which move by rail, either prior or subsequent to the move- 
ment by motor vehicle and on the applicant's bills of lading and at rail 
rates. 

(2) That the applicant shall on or before the twentieth day of each 
month pay to the Commissioner of Revenue of North Carolina, as compensa- 
tion for the use of the highways of the State and the privileges herein 
granted, six per cent on that portion of gross revenue earned during the 
previous month on shipments moving over said highways which correspond 
to highway mileage as compared to total mileage over which said ship- 
ments move and on which said gross revenue is computed, and shall make 



208 N. C. Utilities Commission 

such reports, at such times and on such forms, as the Commissioner of 
Revenue may require. 

(3) That all revenue derived from the operation of motor vehicles under 
this order, after the payment of six per cent franchise tax and public 
liability and property damage insurance, shall become a part of the 
revenues of the Atlantic and East Carolina Railway Company for such use 
as may be made under the lease of the Atlantic and North Carolina 
Railroad Company. 

(4) That all rights and privileges herein granted shall be deemed and 
held as appurtenances to the Atlantic and North Carolina Railroad Com- 
pany, to inure to the use and benefit of said railroad, and to cease and 
determine as to the Atlantic and East Carolina Railway Company upon 
the termination of the relation of lessor and lessee between said companies, 
and withal subject to the rights of the Utilities Commission, in its discre- 
tion, to revoke said franchise rights upon its finding that the same impair 
the investment of the State of North Carolina in said stock, or upon its 
finding that said franchise rights fail to serve the best interest of the 
public. 

(5) This cause having been heard before less than the full Commission, 
the findings and order herein made will become effective as the findings and 
order of the full Commission at the expiration of ten days from the date 
hereof, unless exceptions are filed thereto within said period. 

This the 22nd day of September, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2232. 

APPLICATION OF THE ATLANTIC COAST LINE RAILROAD COM- 
PANY FOR FRANCHISE CERTIFICATE TO OPERATE AS MOTOR 
VEHICLE CARRIER OF COMMODITIES GENERALLY, INCLUD- 
ING EXPRESS, OVER THE HIGHWAYS AND BETWEEN THE 
POINTS SET OUT BELOW. 

Order 
Before Commissioners Hunter and Tucker. 

The Atlantic Coast Line Railroad Company by application filed on 
October 2, 1941, heard on November 12, 1941, seeks a certificate of public 
convenience and necessity authorizing operation as a common carrier of 
commodities generally, including express, by motor vehicle over the high- 
ways and between the points as follows: 

A. Between the North Carolina-Virginia state line and Wilmington, 
N. C: From the North Carolina-Virginia state line over U. S. Highway 
No. 301 to the junction of U. S. Highway No. 301 and U. S. Highway 
No. 117, thence over U. S. Highway No. 117 to Wilmington, N. C, 
with alternate route between Wallace and Watha, N. C, over unim- 
proved highways adjacent to the line of the railroad, and return over 
the same route; 



Decisions and Adjustments of Complaints 209 

B. Between Wilson, N. C, and Dunn, N. C: From Wilson over 
U. S. Highway No. 301 and return over same route; 

C. Between Warsaw, N. C, and Clinton, N. C. : From Warsaw over 
U. S. Highway No. 24 and return over same route; 

D. Between Spring Hope, N. C, and Plymouth, N. C: From Spring 
Hope over U. S. Highway No. 64 and return over same route; 

E. Between Halifax, N. C, and Robersonville and Williamston, N. C: 
From Halifax over U. S. Highway No. 301 to junction with North 
Carolina Highway No. 561, thence over North Carolina Highway No. 561 
to junction with U. S. Highway No. 258, thence over U. S. Highway 
No. 258 to Scotland Neck, N. C, with alternate route between Halifax 
and Scotland Neck over North Carolina Highway No. 125 and U. S. 
Highway No. 301, thence over North Carolina Highway No. 125 to 
junction with North Carolina Highway No. 903, thence over North 
Carolina Highway No. 903 to Robersonville, or over North Carolina 
Highway No. 125 to Williamston, and return over same route; 

Between Bethel, N. C, and Kinston, N. C: From Bethel over North 
Carolina Highway No. 11, and return over same route; and 

G. Between Greenville, N. C, and Washington, N. C. (with closed 
doors) : From Greenville over U. S. Highway No. 264 to Chocowinity, 
N. C, thence over U. S. Highway No. 17 to Washington, and return 
over same route. 

The application contemplates a highway service from depot to depot on the 
applicant's rail lines which will be supplemental of, or auxiliary to, and 
coordinated with its rail operations in handling merchandise freight, and 
which will be more flexible, efficient and economical than the operation of 
local freight trains. 
Appearances : 

For the Applicant: 

R. B. Gwathmey, Wilmington, N. C. 
For the Protestants : 

Ruark & Ruark, Raleigh, N. C, for Thurston Motor Lines, P. & F. 
Motor Express, Motor Transit Co., Stallings Transfer Service, and 
Fredrickson Motor Express. 
Hunter, Commissioner: The facts adduced from the testimony may be 
summarized as follows: 

1. That the applicant's tonnage and revenue on less than carload ship- 
ments have constantly declined during the last twenty years, and to the 
extent that relief in some form has become imperative in the interest of 
economy and efficiency. 

2. That the applicant has exerted every effort, consistent with good 
management, in the use of its present rail facilities to expedite deliveries 
and arrest the decline in its tonnage and revenue, but without avail. 

3. That with the advent of modern highways which parallel the applicant's 
rail lines and the use of speedy inexpensive motor vehicle transportation, 
merchandising methods have been adjusted to small inventories which must 
be replenished by frequent small shipments on short notice and by speedy 
deliveries, all of which is in the line of progress and to be encouraged, 
but is to the disadvantage of rail carriers because of the expense and 
mobility of their local freight trains. 

4. That local less than carload shipments are still tendered to and moved 
by the applicant, and which, as a common carrier, it cannot refuse; that 



210 N. C. Utilities Commission 

public convenience and necessity for a less expensive and more expeditious 
movement of said shipments than can be effected by rail hauls exclusively. 

5. That the Interstate Commerce Commission, on September 12, 1941, 
Docket No. MC. 23942 (Sub. No. 1), authorized the applicant to transport 
similar commodities by motor vehicle in interstate commerce over the same 
highways covered by the application herein, subject to certain restrictions; 
that the applicant cannot use said rights to advantage without similar 
intrastate rights. 

6. That all points involved are stations on the applicant's rail lines, and 
said points are also served by the protestants by motor vehicle; that at 
practically all points involved the applicant maintains pick-up and delivery 
service by motor truck, and with said service, together with the right to 
use the public highways from depot to depot, the applicant will be in direct 
competition with the protesting motor vehicle carriers which may be pressed 
to a point detrimental to public interest. 

The problem here presented is: First, to protect the rights of both rail 
and motor vehicle carriers in the service that each is best qualified to 
perform; second, to promote the maximum service to the public by both 
classes of carriers. The problem is easier stated than solved, but it seems 
that the solution must be approached by the application of a "Selective 
Service" policy in transportation. The public, always in advance of legisla- 
tive regulation, has already adopted such a policy, and that explains the 
decline in less than carload tonnage and the abandonment of trains and 
agency stations along rail lines in all parts of the State. The public has 
and will continue to select its transportation service, not because of likes 
or dislikes, or out of respect for priorities in the field of transportation, 
but upon the basis of service alone. 

The decline in less than carload tonnage may be arrested and all that has 
been lost during the last twenty years restored to rail carriers by the erec- 
tion of artificial barriers to impede motor vehicle transportation. This would 
certainly not be in the public interest, and would not long be tolerated by 
the public. Restrictions which impede the speed of deliveries by either class 
of carriers in order to preserve priorities do not fit into any permanent 
pattern for a transportation system of maximum efficiency or maximum 
service to the public. If rail carriers are permitted to establish a coordinated 
highway-rail service as a public convenience and necessity, then a compulsory 
transfer from a boxcar to a truck, or vice versa, at fixed points along the 
way is difficult to translate in terms of legitimate compensation to competi- 
tive carriers, or in benefits to the public. 

It is not the purpose of this dissertation to offer a panacea for the ills 
of transportation, but merely to observe that in this day of demand for 
greater speed in deliveries and greater conservation of energy and equip- 
ment, restrictions which result in delay are not in line with permanent 
improvement of our transportation needs. 

The Interstate Commerce Commission has carefully and clearly fixed the 
bounds of the applicant's interstate motor vehicle rights over the highways 
of North Carolina. For the present, it seems advisable to follow its lead 
with like limitations upon the applicant's intrastate operations. It is, there- 
fore, 



Decisions and Adjustments of Complaints 211 

Ordered: 1. That the application of the Atlantic Coast Line Railroad 
Company for motor vehicle franchise rights to operate over the highways 
and between the points designated above be, and the same is hereby granted, 
together with the right, within the limits of the cities and towns proposed 
to be served by the applicant as a motor vehicle common carrier, to operate 
from the highways shown above to the applicant's freight stations over 
those streets which form the shortest, most practical route, subject, how- 
ever, to the following conditions: 

a. The service by motor vehicle to be performed by applicant shall be 
limited to service which is auxiliary to or supplemental of its service by 
railroad. 

b. Applicant shall not serve any point not a station on its rail lines. 

c. No shipments shall be transported by applicant as a common carrier 
by motor vehicle between any of the following points, or through or to or 
from more than one of said points: Rocky Mount, Dunn, Warsaw, and 
Wilmington, N. C. 

d. Such further specific conditions as the Commission, in the future, may 
find it necessary to impose in order to restrict applicant's operations by 
motor vehicle to service which is auxiliary to, or supplemental of, its rail 
service. 

2. That this cause having been heard before less than the full Commis- 
sion, the findings and order herein made will become the findings and order 
of the full Commission at the expiration of ten days from the date hereof, 
unless exceptions are filed thereto within said period. 
This 9th day of January, 1942. 

Stanley Winborne, Chairman 
Harry Tucker, Commissioner 
Fred C. Hunter, Commissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2405. 

IN THE MATTER OF APPLICATION OF THE ATLANTIC COAST 
LINE RAILROAD COMPANY FOR FRANCHISE CERTIFICATE 
TO OPERATE AS MOTOR VEHICLE CARRIER OF COMMODITIES 
GENERALLY, INCLUDING EXPRESS, OVER THE HIGHWAYS 
AND BETWEEN THE POINTS SET OUT IN THE ORDER OF 
JANUARY 9, 1942. 

Order Overruling Exceptions 

To the findings and order made in the above-entitled cause on the 9th 
day of January, 1942, by Tucker and Hunter, Commissioners, D. J. Thurs- 
ton, Jr., trading as Thurston Motor Lines, protestant, filed exceptions, as 
appear of record, and requested a hearing of said cause, including said 
exceptions, before the full Commission. On the 28th day of March, 1942, 
after the death of Commissioner Tucker and before the appointment of his 
successor, said cause and exceptions were heard before Winborne and Hunter, 
the full Commission as then constituted. Ruark and Ruark, attorneys for 
said protestant, objected to said hearing before said two members of the 



212 N. C. Utilities Commission 

Commission, contending that said two members of the Commission did not 
constitute the full Commission as contemplated by statute. Said objection 
was overruled, to which said protestant excepted. 

Upon consideration of the record, including said exceptions, and the 
argument of counsel for the respective parties, the Commission finds the 
facts to be as set out by the hearing Commissioners and that said order is 
well supported by the facts found and is in the public interest. It is therefore 

Ordered (1) That said exceptions, and each of them, be and they are 
hereby overruled. 

(2) That the findings and order made by the hearing Commissioners, 
dated January 9, 1942, be and the same are approved and made the findings 
and order of the full Commission. 



This the 31st day of March, 1942. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner. 



By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2405. 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR 
APPROVAL OF A LEASE AGREEMENT WITH E. 0. WOODIE. 

Order 

The Atlantic Greyhound Corporation, as lessor, and E. 0. Woodie, as 
lessee, seek the Commission's approval of a lease agreement between said 
parties, dated May 7, 1941, by the terms of which the said lessee will pro- 
vide local intrastate passenger service over the franchise route of the said 
lessor between Ronda on State Highway No. 268 and Maple Springs on 
U. S. Highway No. 421, and intermediate points, and particularly to and 
from the City of North Wilkesboro. Said lease agreement was filed with the 
Commission for consideration in connection with the application of E. O. 
Woodie for certain franchise rights in the North Wilkesboro area, which 
application, Docket No. 2032, was presented before Chairman Winborne 
on the 30th day of May, 1941. At that time said lease agreement was 
unopposed. It was again presented for further consideration in connection 
with the applications of the Wilkes Transportation Company, Dockets Nos. 
1763 and 2331, heard on August 15 and September 11 and 12, 1941, at 
which time the approval of said lease agreement was vigorously opposed 
by the Wilkes Transportation Company. 

Appearances : 

For the Applicant: 

I. M. Bailey, for Atlantic Greyhound Corporation, Lessor; Eugene 
Trivette, Kyle Hayes, and George Uzzell, for E. 0. Woodie, Lessee. 
For the Protestant: 

W. H. McElwee and J. H. Whicker, for Wilkes Transportation Co. 
Hunter, Commissioner: The hearing Commissioner finds the following 
facts from the testimony: 



Decisions and Adjustments of Complaints 213 

(1) That the Atlantic Greyhound Corporation is one of the larger motor 
vehicle passenger carriers operating in North Carolina under both intra- 
state and interstate franchise rights; that the extent and character of 
its service require large buses not suitable for short hauls to and from the 
suburban sections of cities and towns along its lines, if, indeed, it could 
render such service without undue delay in its through schedules; that said 
Corporation operates into and through the City of North Wilkesboro, North 
Carolina, under both intrastate and interstate rights, which said rights 
include State Highway No. 268 between North Wilkesboro and Ronda on 
the east, and U. S. Highway No. 421 between North Wilkesboro and Maple 
Springs on the west. 

(2) That the Wilkes Transportation Company is an intrastate motor 
vehicle passenger carrier, operating locally in the North Wilkesboro area 
under franchise rights which include U. S. Highway No. 421 between 
North Wilkesboro and Millers Creek, which said rights to Millers Creek 
were granted subsequent and over the franchise rights of the Atlantic Grey- 
hound Corporation; that under date of July 10, 1941, the Wilkes Transpor- 
tation Company filed an application. Docket No. 2331, for franchise rights 
over State Highway No. 268 between North Wilkesboro and Ronda, the 
same being the franchise route of the Atlantic Greyhound Corporation; 
that subsequent to said date the said Wilkes Transportation Company 
acquired and now holds franchise rights over the streets of North Wilkes- 
boro and Ronda, the same having been granted by the municipal authorities 
of said towns. 

(3) That there is a need for local passenger service between North Wilkes- 
boro and Ronda over State Highway No. 268, and between North Wilkes- 
boro and Maple Springs over U. S. Highway No. 421, in addition to the 
service now being rendered by the Atlantic Greyhound Corporation; that 
the business between said points is insufficient to support two local carriers. 

(4) That E. O. Woodie, the proposed lessee, is qualified in all respects 
required by law to render the local service contemplated by said lease 
between Ronda and Maple Springs; that the Wilkes Transportation Com- 
pany is likewise qualified to render satisfactory service between North 
Wilkesboro and Ronda, and is now rendering satisfactory service between 
North Wilkesboro and Millers Creek, but does not propose to extend its 
service over said U. S. Highway No. 421 from Millers Creek to Maple 
Springs. 

Counsel for the respective parties filed able briefs in support of their 
respective contentions which involve the application and construction of 
the following provisions of the North Carolina Code: 

C. S. 1037 (d). Section 1 (e). Chapter 455, Public Laws of 1931. 

''Certificate of Convenience and Necessity. That no person, or cor- 
poration, their lessees, trustees or receivers shall hereafter begin the 
construction or operation of any public utility plant or system or acquire 
ownership or control of, either directly or indirectly, without first obtain- 
ing from the Commissioner a certificate that public convenience and 
necessity requires, or will require, such construction, acquisition, or 
operation: Provided, that this section shall not apply to new construc- 
tion in progress at the time of the ratification of this act, nor to con- 
struction into territory contiguous to that already occupied and not 
receiving similar service from another utility, nor to construction in 
the ordinary conduct of business." 



214 N. C. Utilities Commission 

C. S. 2613 (1), Section 3, Chapter 136, Public Laws of 1927. 

"Application for Franchise Certificate. That every corporation or 
person, their lessees, trustees, or receivers, before operating any motor 
vehicle upon the public highways of the State for the transportation of 
persons or property for compensation, within the purview of this act, 
shall apply to the commissioner and obtain a franchise certificate 
authorizing such operation . . ." 

C. S. 2613 (n). Section 5, Chapter 136, Public Laws of 1927. 

"Sale or Other Disposition of Franchise. That no franchise certificate, 
issued under the provisions of this act, may be assigned or transferred, 
or pledged, or hypothecated in any way without the written consent of 
the Commissioner." 

The opposition to the approval of said lease agreement may be sum- 
marized under two contentions, (1) that under the law generally as stated 
in American Jurisprudence, Volume 23, page 740, and cases there cited, and 
particularly under the provisions of C. S. 1037 (d), a lease of a franchise, 
or a portion thereof, cannot be legally perfected without an application to 
the Utilities Commission and findings by it of public convenience and neces- 
sity therefor, (2) that E. O. Woodie is not in a position to render a service 
comparable to that of the Wilkes Transportation Company, in that, the 
said Wilkes Transportation Company holds franchise rights over all the 
streets of North Wilkesboro and Ronda and by virtue of such rights can 
pick up and discharge passengers at any point in said towns, which rights 
the Atlantic Greyhound Corporation does not have and cannot confer by 
said lease agreement. 

The First Contention: The authorities cited seem to hold that a franchise 
cannot be transferred by the acts of the parties alone. They also seem to 
agree that the powers and privileges conferred by a franchise may be 
transferred with the consent and approval of the sovereign grantor, and 
the laws of North Carolina are in full accord with these authorities. 

C. S. 1037 (d) does not relate to motor vehicle franchise rights. Com- 
missions under different names have been empowered by law to exercise 
supervision and control over certain public service corporations since the 
enactment of the Railroad Commission Act, Chapter 320, Public Laws of 1891. 
During the intervening fifty years the jurisdiction of these commissions has 
been extended over new public service enterprises. New acts and amend- 
ments to existing acts have been passed, and they must be considered and 
applied with respect to the subjects to which they relate. C. S. 1037 is a 
part of Chapter 469 of the Public Laws of 1907, and relates to railroads, 
telephone and telegraph companies. C. S. 1037 (d), while enacted as a part 
of Chapter 455 of the Public Laws of 1931, is an amendment to C. S. 1037, 
and must be so considered. Moreover, the language of the act is not descrip- 
tive of motor buses, or motor vehicle operations. 

It was not until 1925 that motor vehicle carriers came under the regula- 
tion and control of the Corporation Commission, Chapter 50 of the Public 
Laws of 1925. This act was repealed and re-enacted as Chapter 136 of the 
Public Laws of 1927, and said act and amendments thereto, constitute the 
law of North Carolina with respect to motor vehicle carrier regulation. We 
must assume that the Legislature intended to deal with related subjects 
in designating Chapter 455 of the Public Laws of 1931 as an amendment to 
C. S. 1037. 



Decisions and Adjustments of Complaints 215 

Some similarity will be noted between C. S. 1037 (d) and C. S. 2613 (1), 
but differing in that the former is susceptible of the possible construction 
that the acquisition of existing plants or systems by lease or otherwise 
require a certificate of public convenience and necessity, while the latter 
does not purport to deal with the transfer of existing rights, but rather 
with the origination of motor vehicle franchise rights. 

Lessees, trustees, or receivers, as such, applying for motor vehicle fran- 
chise rights, must show public convenience and necessity. For example, 
many hundreds of miles of railroads in North Carolina are now being 
operated by lessees or receivers, and said railroads through their lessees 
or receivers have applied for and received motor vehicle franchise rights 
upon a showing of public convenience and necessity therefor, as required 
by law of other applicants. The execution of a lease, or the appointment 
of trustees or receivers of existing franchise carriers is, in effect, a con- 
tinuation of franchise rights for which public convenience and necessity 
have already been shown. 

C. S. 2613 (n), by the clearest implication, authorizes a lease of motor 
vehicle franchise rights, and without any prerequisites or requirements 
other than the written consent of the Commission. This consent is condi- 
tioned, presumably, upon the Commission's finding that the transferee is 
qualified to render a satisfactory service to the public, public convenience 
and necessity not being an issue. There is some authority to the effect that 
to pass upon the question of public convenience and necessity in an appli- 
cation for a transfer is improper, that question having been determined at 
some previous time, and is not the basis of consent by the Commission. 
28 Michigan Law Review 305, and cases there cited. 

In the instant case, the burden of showing public convenience and neces- 
sity rests upon the Wilkes Transportation Company. It is the only party 
to the controversy that is applying for franchise rights, and its burden 
is all the more arduous for the reason that it seeks to defeat the pro- 
posed lease to open the way for its own application. Docket No. 2331, for 
rights over the franchise route of the lessor. The fact, or the probability, of 
conflicting interests, duplication of facilities, competition which may become 
destructive, and like considerations, all weigh against public convenience 
and necessity. 

The late Mr. Justice Brandeis in a dissenting opinion in New State Ice 
Company vs. Liebmann, 285 U. S. 262, gives the origin, meaning and 
purpose of the phrase "public convenience and necessity" as follows: 

"The purpose of requiring it is to promote the public interest by pre- 
venting waste. Particularly in those businesses in which interest and 
depreciation charges on plant constitute a large element in the cost of pro- 
duction, experience has taught that the financial burdens incident to 
unnecessary duplication of facilities are likely to bring high rates and 
poor service. There, cost is usually dependent, among other things, upon 
volume; and division of possible patronage among competing concerns 
may so raise the unit cost of operation as to make it impossible to pro- 
vide adequate service at reasonable rates. The introduction in the United 
States of the certificate of public convenience and necessity marked the 
growing conviction that under certain circumstances free competition might 



216 N. C. Utilities Commission 

be harmful to the community and that, when it was so, absolute freedom 
to enter the business of one's choice should be denied." 

That Atlantic Greyhound Corporation holds valuable franchise rights 
into and through North Wilkesboro over the route involved. It has the 
right and is obligated under its franchise to provide needed local service 
over its lines. It has a legal right to supply this service itself or by a 
lessee of its choice with the consent of the Commission, and without a 
showing of public convenience and necessity. There is no inhabitation in our 
law against a transfer of franchise rights. On the contrary, such rights 
are clearly recognized by statute, and have been long recognized by this 
Commission, with the result that many short lines have been consolidated 
and through service established with modern equipment and terminal 
facilities which would have been denied the traveling public under a less 
comprehensive system of motor vehicle transportation. 

The Second Contention: The operations in question are intercity, and are 
a part of the transportation system of the S'tate, and, therefore, impose 
upon the Utilities Commission the duty of rendering a decision consonant 
with the best interest of all the traveling public. Municipal authorities 
in granting rights over their streets are likewise motivated by a desire 
to promote the best interest of their citizens, and it is assumed without 
question that their choice of a motor vehicle carrier is the best choice that 
could be made. It is, of course, an advantage of importance for a carrier 
serving the suburban sections to have access to the city streets, and other 
things being equal between two applicants, one holding city street rights 
and the other not, the street rights would be a decisive consideration. 

The case under consideration is not so simple. It is not a case of two 
applicants in an open field seeking franchise rights over the same highway. 
It is a case of one applicant asking for rights over a franchise route of 
an existing carrier, and that carrier asking for protection of its fran- 
chise and offering to provide the required local service to the extent it is 
permitted to do. In this situation property rights are involved which in good 
conscience cannot be divested on the facts presented by the present record. 
It is, therefore, 

Ordered (1) That the lease agreement between the Atlantic Greyhound 
Corporation, as lessor, and E. O. Woodie, as lessee, dated the 7th day of 
May, 1941, duly executed and filed with the Commission, be and the same 
is hereby approved, subject to the conditions; (a) that the rate or fare 
between North Wilkesboro and Millers Creek and vicinity shall be the 
same as the fare filed with and approved by the Commission for the Wilkes 
Transportation Company between said points; (b) that all schedules over 
U. S. Highway 421 shall be through schedules between North Wilkesboro 
and Maple Springs without turn-around privileges between said points. 

(2) That this cause having been heard before less than the full Commis- 
sion, the findings and order herein will become the findings and order of 



Decisions and Adjustments of Complaints 217 

the full Commission, at the expiration of ten days from the date hereof, 
unless exceptions are filed thereto within said period. 
This the 7th day of November, 1941. 

Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 

By Order of the Commission: Harry Tucker, Commissioner. 

R. O. Self, Chief Clerk. 
Docket No. 2032-A. 

IN THE MATTER OF CONTRACT BETWEEN ATLANTIC GREYHOUND 
CORP. AND E. 0. WOODIE. 

Order Overruling Exceptions 

This cause comes before the Commission upon exceptions appearing of 
record filed by the Wilkes Transportation Company to the findings and order 
made herein dated and mailed to the respective parties on the 7th day 
of November, 1941, which said order contained the following paragraph: 

"This cause having been heard before less than the full Commis- 
sion, the findings and order herein will become the findings and order 
of the full Commission at the expiration of ten days from the date 
hereof, unless exceptions are filed thereto within said period." 

On the 18th day of November, 1941, the Commission received from the 
Wilkes Transportation Company notice of appeal to the Superior Court 
from said order of the Commission dated November 7, 1941, and on the 
19th day of November, 1941, received exceptions to said order, and there- 
after on the 26th day of November, 1941, the said Wilkes Transportation 
Company again filed exceptions to the findings and order made by the Com- 
mission dated November 7, 1941. 

Upon consideration of said exceptions, and each of them, by the full 
Commission, it is 

Ordered that said exceptions be and they are hereby overruled. 

This the 9th day of December, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission: Harry Tucker, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 2032-A. 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR THE 
LIFTING OF RESTRICTIONS ON FRANCHISE CERTIFICATE NO. 
429, ATLANTIC GREYHOUND CORPORATION, ON ROUTES NOS. 
15 AND 16 BETWEEN RALEIGH AND LILLINGTON, BETWEEN 
RALEIGH AND FAYETTEVILLE, AND BETWEEN FAYETTEVILLE 
AND RAEFORD, AND THE GRANTING OF RIGHTS TO OPERATE 
WITHOUT RESTRICTIONS. 

Order 

This cause arises upon the application entitled as above and known as 
Docket No. 2088, which was heard by Commissioner Winborne and Associate 
Commissioner Hanft, on February 21, 1941. 



218 N. C. Utilities Commission 

Appearances : 

For the Applicant: 

I. M. Bailey, Raleigh, N. C. 
J. C. B. Ehringhaus, Raleigh, N. C. 
For the Protestants: 

Arch T. Allen, Raleigh, N. C, for Carolina Coach Company. 

K. J. Kindley, Charlotte, N. C. and 

W. E. Smith, Albemarle, N. C, for Greensboro-Fayetteville Bus Line. 

At the hearing, this Commission was advised that the Greensboro-Fay- 
etteville Bus Line and the Atlantic Greyhound Corporation had worked 
out an agreement with reference to the operation between Fayetteville and 
Raeford, which appeared to be satisfactory to all interested parties, and 
which gave the public the right to ride on all buses between those points; 
therefore, this order will deal only with the restrictions on the operation 
between Raleigh and Fayetteville. 

Tucker, Commissioner: The problem that is presented in this case is one 
that will recur frequently. The granting of franchises for two or more 
operating companies over the same route or between the same points, often 
involves the imposition of certain restrictions upon one or both of them. 
These restrictions have the effect of preventing the public from using 
equally the facilities of all the companies. This frequently proves unsatis- 
factory both for the public and the companies involved. These are the con- 
ditions that prevail for the operation between Raleigh and Fayetteville. 

The Carolina Coach Company owns the franchise to transport passengers 
between Raleigh and Fayetteville via Highways Nos. 15A, 421, and 301 via 
Lillington and Dunn. The Atlantic Greyhound Corporation operates buses 
interstate between Raleigh and Laurinburg via Fayetteville and intrastate 
over a route from Raleigh to Fayetteville via Fuquay Springs, Lillington, 
and Bunnlevel, which route is approximately twenty miles shorter than 
that of the Carolina Coach Company, and the schedule calls for some thirty 
minutes less running time. The operation of Atlantic Greyhound Corporation 
is restricted in that it is not permitted to transport passengers from 
Raleigh to Fayetteville or from Fayetteville to Raleigh. For the purpose of 
this order consideration shall be given only to the restrictions as to these 
and intervening points over the short route. 

For some years the passenger traffic between these two points has not 
been great. But due to the expansion of defense activities at Fort Bragg 
there has been a considerable increase in travel between Raleigh and 
Fayetteville. The passengers are principally non-residents who are not 
advised about the restrictions, and are greatly confused thereby. The result 
is the demand on the part of the traveling public that the Atlantic Grey- 
hound Corporation be permitted to transport passengers between Raleigh 
and Fayetteville. This has resulted in the application considered in this 
order. 

The Carolina Coach Company, holding a franchise for transporting pass- 
engers between Raleigh and Fayetteville, naturally feels that nothing should 
be done that will deprive it of this business. Further, that having given 
satisfactory service between these points for some years, it should now 



Decisions and Adjustments of Complaints 219 

receive the entire benefits of increased travel. The evidence presented at the 
hearing, however, substantiates the fact, and the Commission so finds, that 
public convenience and necessity will be enhanced if provision is made so 
that passengers traveling between the two points can ride the buses of 
either company at will. The position of the applicant is made particularly 
strong because of this, and the further fact that it now operates over a 
route that is twenty miles shorter than the route traversed by the Carolina 
Coach Company. 

The Commission is interested in this problem not only as the represen- 
tatives of the public, but also because it has granted a franchise, and, 
normally, should be instrumental in protecting the rights of the operating 
company. But what if these rights conflict with public interest? Then the 
Commission must necessarily take steps to give the public those services 
that are warranted by the demand. It is probable that the conditions pro- 
ducing the demand for more expedited service between Raleigh and Fay- 
etteville may not continue. For this reason, a long-range solution of the 
problem presented may not prove satisfactory. 

But under present conditions, and notwithstanding the franchise rights 
that may be involved, the Commission feels that for the duration of the 
defense program the traveling public should be permitted to use the facili- 
ties of the Atlantic Greyhound Corporation between Raleigh and Fayette- 
ville. 

The Commission is convinced by the evidence that service to the public 
must be the fundamental principle that should be followed in reaching 
a solution in this and similar problems; and the Commission believes further 
that in cases of this kind where rights of operating companies conflict, they 
should have the interest of the public sufficiently in mind to work out a 
plan of cooperation for the approval of this Commission. Where the operat- 
ing companies affected cannot agree between themselves upon a solution 
of the problem involved, then it becomes the duty of this Commission to 
initiate a plan and to order its adoption. Therefore, it is 

Ordered: 1. That the Atlantic Greyhound Corporation be and it is 
hereby granted permission to transport passengers, baggage and light 
express on its regular interstate and intrastate buses, including extra buses 
operating in accordance with its interstate and intrastate franchise, between 
Raleigh and Lillington, and Lillington and Fayetteville over Route No. 
15A, with an alternate route over Highway No. 210, leaving Route No. 15A 
north of Fuquay Springs and passing by Angier back to Route No. 15A 
north of Lillington, and return over same route. 

2. That tickets sold for use between the points indicated shall specify 
transportation by Carolina Coach Company, and passengers purchasing 
such tickets shall have the option of using the buses of either the Atlantic 
Greyhound Corporation or the Carolina Coach Company. All receipts from 
the sale of tickets, as well as cash fares, shall accrue to the Carolina 
Coach Company. 

3. That the Atlantic Greyhound Corporation shall honor for transporta- 
tion between the points named all tickets described in paragraph 2 above. 
The Atlantic Greyhound Corporation shall be paid by the Carolina Coach 
Company seventy-five per cent (75%) of the amount of receipts from cash 



220 N. C. Utilities Commission 

fares and tickets sold for transportation between said points that are lifted 
by the Atlantic Greyhound Corporation; settlement to be made at least 
once per month. 

4. That the Carolina Coach Company will be permitted to operate three 
round trip schedules daily over the "short route," i.e. over 15A, and that 
part of 210 set out in paragraph 1 of this order upon the condition that the 
present schedules between Raleigh and Lillington and Fayetteville via 
Erwin and Dunn, now operated by the Carolina Coach Company, shall be 
maintained unless otherwise ordered by this Commission. 

5. That the Atlantic Greyhound Corporation and the Carolina Coach 
Company shall be permitted to operate, in addition to their regular sche- 
dules whenever there is a bona fide demand for additional service, an equal 
number of extra buses between Fayetteville and Raleigh, and when such 
unusual demand occurs neither of said companies shall be precluded from 
providing additional service by reason of the inability of the other com- 
pany through lack of equipment to match schedule for schedule. Where extra 
buses are so provided by the Atlantic Greyhound Corporation, the said 
Corporation shall be paid by the Carolina Coach Company an amount equal 
to one hundred per cent (100%) of the receipts from cash fares and 
tickets sold, collected and/or lifted by the Atlantic Greyhound Corporation. 

6. That the fares between points named in this order shall be the same 
irrespective of the route over which the bus actually operates. 

7. That in computing the amount to be paid by each company toward 
the station costs the calculation shall be made upon the amount actually 
received by each company. 

8. That the foregoing provisions have been made in the interest of 
public convenience and necessity and because of transportation conditions 
that have developed as a result of defense activities in the vicinity of 
Fayetteville, and for this reason the Commission reserves the right either 
to modify this order or to rescind it in its entirety, upon due notice to the 
Atlantic Greyhound Corporation and the Carolina Coach Company. The 
Commission is aware of the fact that this order is open to a possible tech- 
nical objection, due to the fact that the Carolina Coach Company has not 
applied for rights to operate over the "short route" between Raleigh and 
Fayetteville, but the Commission expects the Atlantic Greyhound and the 
Carolina Coach Company, both of which are holders of important franchises 
within the State of North Carolina, to accept this order without question 
and to begin immediately operations according to the terms hereof in good 
faith, as an important service to the defense activities of the Nation. 

9. That separate certificates shall be issued by this Commission for the 
operations herein authorized, instead of amending the present certificates 
of the operators, as is the usual custom. 

This the 9th day of June, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission: Harry Tucker, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 2088. 



Decisions and Adjustments of Complaints 221 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR THE 
LIFTING OF RESTRICTIONS ON FRANCHISE CERTIFICATE NO. 
429, ATLANTIC GREYHOUND CORPORATION, ON ROUTES NOS. 
15 AND 16 BETWEEN RALEIGH AND LILLINGTON, BETWEEN 
RALEIGH AND FAYETTEVILLE, AND BETWEEN FAYETTEVILLE 
AND RAEFORD, AND THE GRANTING OF RIGHTS TO OPERATE 
WITHOUT RESTRICTIONS. 

Order 

This cause arises upon the application entitled as above and known as 
Docket No. 2088, which was heard by Commissioner Winborne and Associate 
Commissioner Hanft on February 21, 1941. 
Appearances : 

For the Applicant: 

I. M. Bailey, Raleigh, N. C. 
J. C. B. Ehringhaus, Raleigh, N. C. 
For the Protestants: 

Arch T. Allen, Raleigh, N. C, for Carolina Coach Company. 

K. J. Kindley, Charlotte, N. C, and 

W. E. Smith, Albemarle, N. C, for Greensboro-Fayetteville Bus Line. 

The Commission entered an order of date June 9, 1941, in said cause 
dealing only with the restrictions on the operation between Raleigh and 
Fayetteville, the application for removal of restrictions between Fayette- 
ville and Raeford having been worked out by agreement between the appli- 
cant and Greensboro-Fayetteville Bus Line. The applicant filed exceptions 
to said order in apt time. Since the date of said order the protestant, Caro- 
lina Coach Company, has filed with the Commission application in Docket 
No. 2448 for a franchise to operate from Raleigh to Benson via Garner 
over U. S. Highway No. 70 and N. C. Highway No. 50, which said route 
when taken in connection with existing franchise route of Carolina Coach 
Company between Benson and Fayetteville would give to Carolina Coach 
Company a franchise route of approximately equal distance between 
Raleigh and Fayetteville as is the existing route of Atlantic Greyhound 
Corporation, and the Commission having granted a franchise to the Caro- 
lina Coach Company to operate between Raleigh and Benson over the route 
applied for in Docket No. 2448, and it appearing that public convenience 
and necessity justifies the removal of the restrictions between Raleigh 
and Fayetteville applied for in this cause: 

It is now, therefore, ordered, by consent of Carolina Coach Company 
and Atlantic Greyhound Corporation that the order of the Commission of 
date June 9, 1941, entered in this cause be, and the same is hereby vacated, 
and that the restrictions on Franchise Certificate No. 429 of Atlantic Grey- 
hound Corporation on Routes Nos. 15 and 16 between Raleigh and Lilling- 
ton, and between Raleigh and Fayetteville be, and the same are hereby 
removed, and that the applicant, Atlantic Greyhound Corporation, be 
granted the right to operate over said route between said points without 
restrictions. 



222 N. C. Utilities Commission 

And be it further ordered, that said Franchise Certificate No. 429 be 
amended accordingly upon the presentment thereof to the Commission. 
This the 11th day of July, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Consented to: 
(s) Bailey Lassiter & Wyatt 

Attorneys for Atlantic Greyhound Corp. 
(s) Arch T. Allen 
Attorney for Carolina Coach Company. 

Docket No. 2088. 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR 
FRANCHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE 
CARRIER OF PASSENGERS BETWEEN SMITHFIELD AND THE 
JUNCTION OF U. S. HIGHWAY NO. 117 AND U. S. HIGHWAY 
NO. 421, VIA U. S. HIGHWAY NO. 701, SMITHFIELD, CLINTON, 
THENCE VIA U. S. HIGHWAY NO. 421 TO CASTLE HAYNE. 

Order 
Before Commissioner Hunter: 

This Cause, heard pursuant to notice on the 8th day of December, 1941,, 
arises upon the application of the Atlantic Greyhound Corporation for 
motor vehicle franchise rights to transport passengers over the route and 
to and from the points designated in the caption. The Queen City Coach 
Company, applicant in Docket No. 2304 for motor vehicle franchise rights 
over U. S. Highway No. 421 from Clinton to Wilmington, appeared at said 
hearing, withdrew its said application and stated, through its counsel, that 
by reason of a certain agreement with the Atlantic Greyhound Corporation 
with respect to certain other proposed routes it did not oppose the applica- 
tion herein. 

Appearances : 

For the Applicant: I. M. Bailey, Raleigh, North Carolina; A. McL. 

Graham, Clinton, North Carolina; James R. Pool, Smithfield, North 

Carolina. 

For the Protestants: No protest. 

Hunter, Commissioner: It appears from the testimony that the route 
applied for is not presently served by any motor vehicle passenger carrier, 
and that the proposed service would greatly facilitate motor vehicle travel 
between Raleigh and Wilmington, and between said cities and points along 
the route proposed. The application was supported from Wilmington by 
the City Council, Chamber of Commerce, Lions Club, Exchange Club, and 
Civitan Club; from Clinton and Sampson County by the Board of County 
Commissioners, Commissioners of the Town of Clinton, Merchants Associa- 
tion, Rotary Club and Lions Club; from Johnston County by the Smith- 
field Chamber of Commerce, Board of County Commissioners and Kiwanis 
Club, and by many others along the proposed route, and all to the effect 



Decisions and Adjustments of Complaints 223 

that public convenience and necessity require that said application be 
granted. There was no testimony to the contrary. 

The proposed route from Smithfield to Wilmington is approximately 
one hundred miles in length and is about equidistant between Fort Bragg 
on the west and the defense projects in Onslow County on the east; is 
the shortest route between Raleigh and Wilmington, and intersects with 
east-west highways at Smithfield, Newton Grove, Clinton, Harrells Store, 
Wards Corner and Wilmington. By reason of the strategic location of 
said highway, the probability of increasing demands for channels of travel 
to and from the defense areas of North Carolina, the Commission feels 
that exclusive franchise rights should not be granted over the proposed route 
during the period of the war now in progress. In time of war the usual 
precedents cannot always be followed, and it seems the part of caution to 
avert possible conflicts over the free use of public highways, to the end 
that the paramount consideration of national defense shall be kept foremost. 
Notwithstanding these considerations, which do not appear in the evidence, 
the testimony clearly establishes public convenience and necessity for the 
proposed service. It is, therefore. 

Ordered: (1) That the application of the Atlantic Greyhound Corpora- 
tion for franchise rights to transport passengers by motor vehicle from 
Smithfield, North Carolina, to the junction of U. S. Highway No. 117 
and U. S. Highway No. 421 via U. S. Highway No. 701, Smithfield, 
Clinton, thence via U. S. Highway No. 421, and return, be, and the same 
is hereby, granted and its certificate amended accordingly, subject to the 
following conditions: 

(a) That the Commission shall have the right, in its discretion, to grant 
additional motor vehicle franchise rights to other passenger carriers over 
all or any part of the route above described. 

(b) That the applicant consent to and become bound by the provisions 
of the order of this Commission in Docket No. 2446 relating to the expense 
of the bus station at Clinton, North Carolina, which said order is by refer- 
ence made a part hereof. 

2. That this cause having been heard before less than the full Commis- 
sion, the findings and order herein made will become the findings and order 
of the full Commission at the expiration of ten days from the date hereof, 
unless exceptions are filed thereto within said period. 

This 12th day of December, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 
R. 0. Self, Chief Clerk. 



224 N. C. Utilities Commission 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR 
FRANCHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE 
CARRIER OF PASSENGERS BETWEEN SMITHFIELD AND THE 
JUNCTION OF U. S. HIGHWAY NO. 117 AND U. S. HIGHWAY 
NO. 421, VIA U. S. HIGHWAY NO. 701, SMITHFIELD, CLINTON, 
THENCE VIA U. S. HIGHWAY NO. 421 TO CASTLE HAYNE. 

Order Overruling Exceptions 

This cause now comes before the full Commission upon exceptions as 
appear of record filed by the applicant to the findings and order made in 
this cause on the 12th day of December, 1941. 

Upon consideration of said exceptions, and each of them, the Commis- 
sion is of the opinion that the same cannot be sustained upon the grounds 
assigned by the applicant and said exceptions, and each of them, are hereby 
overruled. However, the Commission is of the opinion that Sub-paragraph 
(a) of Paragraph 1 of the order serves no useful purpose, in that the 
Commission has the right under the law to grant additional motor vehicle 
franchise rights over the route in question upon a finding of public con- 
venience and necessity therefor. Therefore, it is 

Ordered (1) That said Sub-paragraph (a) of Paragraph 1 of the order, 
which reads as follows, be and the same is hereby stricken from the order: 

"That the Commission shall have the right, in its discretion, to 
grant additional motor vehicle franchise rights to other passenger 
carriers over all or any part of the route above described." 

(2) That as herein modified, the findings and order made in this cause 
dated December 12, 1941, be and the same are hereby made the findings 
and order of the full Commission. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 



This the 9th day of January, 1942. 



By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2298. 



APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR 
FRANCHISE CERTIFICATE TO OPERATE: A. BETWEEN CREED- 
MOOR AND CAMP BUTNER OVER UNNUMBERED CAMP EN- 
TRANCE HIGHWAYS. B. BETWEEN U. S. HIGHWAY NO. 15 AND 
CAMP BUTNER, OVER UNNUMBERED CAMP ENTRANCE HIGH- 
WAYS. 

Order 
Before the Full Commission: 

This cause, which came on for hearing on the 14th day of May, 1942, 
arises upon the application of the Atlantic Greyhound Corporation for 
motor vehicle franchise rights to transport passengers over the highways 
and between the points described in the caption. 



Decisions and Adjustments of Complaints 225 

Appearances : 

For the Applicant: I. M. Bailey and Ehringhaus & Ehringhaus, Raleigh. 

For the Protestant: Marshall T. Spears and Victor Bryant, Durham, 
for Durham Transportation Corp. 

Hunter, Commissioner: The applicant now holds operating rights over 
U. S. Highway No. 15 from Durham to Oxford and points beyond, and 
from Raleigh to Creedmoor over U. S. Highway No. 15-A, which said 
highways intersect at Creedmoor. Camp Butner is located near Creedmoor 
and west of said Highway No. 15. Highways are now under construc- 
tion from Creedmoor to said camp entrances and also from points on 
said Highway No. 15 to said camp entrance, which said highways are 
now unnumbered. The testimony offered at said hearing tends to show that 
the applicant is in position to render a needed service in the transporta- 
tion of passengers to and from said camp, and that said service is required 
by the Army officers now in charge thereof. Upon consideration of all the 
testimony the Commission is of the opinion and finds that public convenience 
and necessity has been shown for franchise rights over said unnumbered 
highways from Creedmoor and from said U. S. Highway No. 15 to said 
camp entrances. It is, therefore, 

Ordered: (1) That the application of the Atlantic Greyhound Corpora- 
tion for motor vehicle franchise rights to transport passengers from Creed- 
moor to the entrance of Camp Butner, and return, over an unnumbered high- 
way now being constructed between said points and also over unnumbered 
highways now under construction or to be constructed from U. S. High- 
way No. 15 between Creedmoor and the Neuse River, on one hand, and 
the entrance to Camp Butner on the other hand, and return, be and the 
same is hereby granted. 

(2) That the rights herein granted shall not be construed as superseding, 
vacating or in any manner changing or modifying the force and effect of 
the order made in Docket No. 2360, dated April 7, 1942, so long as said 
order remains in force and effect. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This 2nd day of June, 1942. 



By Order of the Commission : 

R. 0. Self, Chief Clerk. 
Docket No. 2638. 



LEASE BETWEEN ATLANTIC GREYHOUND CORPORATION, A 
CORPORATION OF THE COMMONWEALTH OF VIRGINIA, LES- 
SOR, AND EDWIN C. KING, AN INDIVIDUAL WITH HIS PRIN- 
CIPAL OFFICE IN GREENVILLE, SOUTH CAROLINA, LESSEE. 

Order 

This matter coming on to be heard before the North Carolina Utilities 
Commission and being considered upon the petition and the lease thereto 
attached, and it being found by the Commission that the transaction 
covered by said lease and petition is in all respects in accordance with 



226 N. C. Utilities Commission 

law and that the transaction will meet public convenience and necessity 
for transportation of passengers, mail and light express between Brevard, 
N. C, and the North Carolina-South Carolina state line on the highway 
between Brevard and Travelers Rest, South Carolina, and that said lease 
should be approved: 

It is now, therefore, ordered that the said lease be, and the same is 
hereby, in all respects approved by the North Carolina Utilities Commission, 
subject to all of the terms and conditions set out in said lease and subject 
further to Edwin C. King furnishing this Commission with a list of equip- 
ment, statement of schedules and insurance, as required by law, and such 
other and further information as may be required from time to time by 
this Commission, and subject further that the approval of said lease and 
the operation of said service by said Edwin C. King shall in no manner 
affect the ownership of the intrastate certificate of the Atlantic Greyhound 
Corporation over said highway between Brevard, N. C, and the North 
Carolina-South Carolina state line. 
This the 24th day of July, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, CoTnmissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission : 

R. O. Self, Chief Clerk. 
Docket No. 2722. 

APPLICATION OF BEATTY'S FORD BUS COMPANY TO OPERATE 
FROM CHARLOTTE OVER SECONDARY HIGHWAY NO. 12 OR 
BEATTY'S FORD ROAD TO 16 MILE POST; THENCE OVER SEC- 
ONDARY HIGHWAY NO. 148 TO THE INTERSECTION OF STATE 
HIGHWAY NO. 73, THENCE OVER STATE HIGHWAY NO. 73 TO 
CORNELIUS, AND RETURN OVER SAME ROUTE. 

Order 
Before Commissioner Hunter 
This is an application for motor vehicle franchise rights to transport 
passengers from Charlotte to Cornelius over Highway No. 12, known as the 
Beatty's Ford Road, to the 16 Mile Post, thence over secondary highway 
designated as Highway No. 148 to the intersection of State Highway No. 
73, thence over State Highway No. 73 to Cornelius, and return over the 
same route. Said application came on for hearing after due notice and 
was heard at the Commission's hearing room in Raleigh on the 18th day of 
June, 1942. 
Appearances : 

For the Applicant: 

J. L. DeLaney, Charlotte, N. C. 
For the Protestants: 

Bailey, Lassiter and Wyatt, Raleigh, N. C, for Atlantic Greyhound 
Corporation. 
Hunter, Commissioner. It appears from the testimony that a large 
number of people living in the town of Cornelius and along the proposed 



Decisions and Adjustments of Complaints 227 

route work in Charlotte daily and that others living along said route 
work in Cornelius. It also appears from the testimony that the proposed 
route traverses a thickly populated rural section and no part of which is now 
served by any franchise carrier; that the Atlantic Greyhound Corporation 
operates over U. S. Highway No. 21 between Cornelius and Charlotte but 
that the buses of the said carrier are frequently late and are often loaded to 
capacity and do not sufficiently provide for local travel between Cornelius 
and Charlotte. A number of witnesses appeared at said hearing and testified 
to the effect that by reason of the rationing of gasoline and automobile tires 
that people living along said proposed route are unable to travel to and from 
their places of employment and, upon consideration of all the testimony, 
public convenience and necessity for the proposed service clearly appear. 
It is therefore 

Ordered (1) That the application of the Beatty's Ford Bus Company for 
motor vehicle franchise rights to transport passengers from Charlotte to 
Cornelius over Highways Nos. 12, 148, and 73, as shown on the Mecklen- 
burg County highway map, and return over the same route, be and the 
same is hereby granted. 

(2) Unless exceptions are filed hereto within ten days from the date 
hereof, the findings and order herein will become effective as the findings 
and order of the full Commission. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This the 20th day of June, 1942. 



By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2615. 



APPLICATION OF BRITTON'S BUS LINE OF BEAUFORT FOR 
FRANCHISE TO CARRY PASSENGERS, FREIGHT AND LIGHT 
EXPRESS FROM BEAUFORT TO SMYRNA, VIA U. S. HIGHWAY 
NO. 70; THENCE TO MARSHALLBERG; THENCE TO STRAITS; 
THENCE TO HARKER'S ISLAND VIA UNNUMBERED HIGHWAY 
AND NEW BRIDGE. 

Order 

This application was set for hearing at 2:30 P.M. on October 30, 
1941. The case was called at that time before Commissioner Tucker but 
the applicant did not put in an appearance. The application was therefore 
dismissed, subject, however, to notice to the applicant of such action, 
and the subsequent filing with the Commission of an explanation, if any, 
as to why applicant failed to appear for the hearing. 
Appearances : 

For the Applicant: 

None. 
For the Protestant: 

D. L. Ward for Seashore Transportation Company. 



228 N. C. Utilities Commission 

On November 17, 1941, the applicant was notified that the hearing had 
been called at the time scheduled and that, due to his failure to put in 
an appearance, the action has been dismissed. He was notified to advise the 
Commission within a period of 10 days if he had any explanation as to 
why he had failed to appear for the hearing. At the end of 10 days, no 
explanation having been received from the applicant as to his failure to 
appear for the hearing, it is therefore 

Ordered, that the application of Charles W. Britton for franchise certifi- 
cate to operate as motor vehicle carrier of passengers, freight and light 
express over the route listed in the application, be, and the same is, hereby 
denied. 

This the 28th day of November, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Co7nmissioner 
Harry Tucker, ComTtiissioner. 

By Order of the Commission: 
R. 0. Self, Chief Clerk. 

Docket No. 1407. 

APPLICATION OF BURKE TRANSIT CO. TO OPERATE IN THE 
CORPORATE LIMITS OF MORGANTON TO SALEM, PETERS- 
BURG, OAK HILL, STAMEY'S SERVICE STATION, AND TO 
DREXEL. 

Order 

This cause came on for hearing at 10:00 o'colck A.M. on the 9th day 
of May, 1941, before Commissioners Tucker and Hunter. 

After filing of the application as above outlined, the Burke Transit 
Company entered into a compromise agreement with the Atlantic Grey- 
hound Corporation and also with the Queen City Coach Company, said 
agreement to be consummated and to become effective upon the approval 
of the Utilities Commission. Said agreements, which have now been properly 
executed, filed with and approved by the Commission, provided, among 
other things, that the Burke Transit Company withdraw its application 
for a franchise outside of the city limits of Morganton, except over State 
Highway No. 181, between Salem and Oak Hill by way of Morganton; 
that it operate as lessee under the rights of the Atlantic Greyhound Corpora- 
tion over State Highway No. 18 between Mt. Home and Piedmont road 
by way of Morganton, and as lessee under the rights of the Queen City 
Coach Company over State Highway No. 114 between Drexel and Stamey's 
Service Station on U. S. Highway No. 70, and over U. S. Highway No. 70 
between Stamey's Service Station and Glen Alpine by way of Morganton. 
State Highways Nos. 18 and 181 and U. S. Highway No. 70 are the main 
highways leading to and through Morganton and the six terminal points 
above mentioned are all within approximately five miles of the city of 
Morganton. 

The present franchise rights of the Queen City Coach Company do not 
include State Highway No. 114, which leads from U. S. Highway No. 70 
to Drexel, a distance of 1.4 miles. The said Queen City Coach Company 



Decisions and Adjustments of Complaints 229 

appeared at said hearing and requested th^t its present franchise rights 
over U. S. Highway No, 70 be construed by the Commission to include 
the 1.4 miles to Drexel as being incident to its present franchise rights 
over U. S. Highway No. 70. 
Appearances : ' 

J. E. Butler for Burke Transit Company. 

W, E. Smith for Queen City Coach Company. 

K. J. Kindley for Queen City Coach Company. 

Hunter, Commissioner: Upon consideration of all the testimony, it 
appears that the proposed operations of the applicant are all within the 
city limits of Morganton and immediate vicinity, and that the service to 
be rendered is practically an intracity service; that approximately 20,000 
people, or about one-half of the population of Burke County, reside in 
the area and along the highways embraced by the proposed routes, and 
that a large number of people living along said highways are employed 
at industrial plants and other establishments in Morganton, travel to 
and from Morganton daily and would use the transportation facilities 
offered by the applicant. It further appears that public convenience and 
necessity exist for additional local passenger transportation facilities within 
a radius of five miles of Morganton, particularly to and from the terminal 
points mentioned; that the granting of the application for franchise rights 
over State Highway No. 181 between Morganton and Salem and between 
Morganton and Oak Hill together with the right to operate as lessee under 
the rights of the Atlantic Greyhound Corporation over Highway No. 18 
from Morganton to Mt. Home and from Morganton to Piedmont road, and 
as lessee under the rights of the Queen City Coach Company over U. S. 
Highway from Morganton to Stamey's Service Station, thence over State 
Highway No, 114 to Drexel and from Morganton to Glen Alpine over U. S. 
Highway No. 70, will fully supply the needs for additional local passenger 
service within the area in question and that the applicant is qualified in 
all respects required by the statute to render such service. It is therefore 

Ordered, (1) that the Burke Transit Company be and it is hereby 
granted franchise rights to operate as motor vehicle passenger carrier over 
Highway No. 181 from Morganton to Salem and return and from Mor- 
ganton to Oak Hill and return. 

(2) That the agreement entered into between the Burke Transit Com- 
pany and the Atlantic Greyhound Corporation, dated April 28, 1941, by 
which the Burke Transit Company will be permitted to operate as passenger 
carrier from Morganton to Mt. Home and return and from Morganton 
to Piedmont road and return, over U. S. Highway No. 18, as lessee under 
the franchise rights of the Atlantic Greyhound Corporation, be and the 
same is hereby approved, and the right to operate as passenger carrier 
within the limits and subject to the provisions of said agreement, is hereby 
granted, a copy of said agreement to be attached to this order for reference 
to the provisions thereof. 

(3) That the agreement entered into between the Burke Transit Com- 
pany and the Queen City Coach Company, dated May 9, 1941, by the terms 
of which the Burke Transit Company will be permitted to operate as 
passenger carrier from Morganton to Stamey's Service Station over U. S. 



230 N. C. Utilities Commission 

Highway No. 70, thence to Drexel, over State Highway No. 114, and return, 
and from Morganton to Glen Alpine over U. S. Highway No. 70 and return, 
under franchise rights of the Queen City Coach Company, be and the 
same is hereby approved, and the rights to operate as passenger carrier 
within the limits and subject to the provisions of said agreement is hereby 
granted, copy of said agreement to be attached to this order for reference 
to the provisions thereof. 

(4) That franchise certificate heretofore granted to the Queen City 
Coach Company for rights over U. S. Highway No. 70, to and through 
the City of Morganton, N. C, be amended to include State Highway 114, 
from Stamey's Service Station on U. S. Highway No. 70 to Drexel, a 
distance of 1.4 miles, and return, this order being made upon request 
without formal application or notice, and is subject to modification or 
cancellation upon protest. 

(5) That certificate issue and service begin upon the compliance with 
all the prerequisites set out in the statute. 

May 23rd, 1941. Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 
Harry Tucker, ComTnissioner. 

By Order of Commissioners Hunter and Tucker with Chairman Win- 
borne concurring. 

R. 0. Self, Chief Clerk. 
Docket No. 2235. 

BURKE TRANSIT COMPANY v. GIDEON BUSICK AND LEONARD 
BUSICK d/b/a CITY CAB COMPANY. 

Order 

This is a controversy wherein the complainant, a motor vehicle fran- 
chise carrier operating over U. S. Highway No. 70 between Morganton 
and Drexel, challenges the right of a taxi, or for hire operator, to trans- 
port passengers over the same highway and between the same points. The 
respondents contend that their service is limited to the transportation of 
certain mill employees under a bona fide contract to and from their place 
of employment at Drexel, and that said service is lawful. The parties filed 
formal pleadings and the cause came on for hearing at Morganton on the 
17th day of October, 1941. 

Appearances : 

For the Complainant: 

Ervin & Butler, Morganton, North Carolina. 
For the Respondent: 

Mull & Patton, Morganton, North Carolina. 

Hunter, Commissioner: After the close of the hearing and the prepara- 
tion of the decision, but before the same was signed and released, counsel 
for the respective parties notified the Commission that the matters in con- 
troversy had been compromised and settled by mutual consent, and requested 
that the cause terminate accordingly without a decision by the Commission. 
Upon consideration, it is 



Decisions and Adjustments of Complaints 231 

So ORDEaiED, subject to the right of the Commission to make and enter its 
decision upon the present record, if and when further controversy arises 
between the parties as to their operating rights. 
This the 30th day of January, 1942. 

Stanley Winborne, Chairman 
By Order of the Commission : Fred C. Hunter, Commissioner. 

R. O. Self, Chief Clerk. 
Docket No. 2404. 

APPLICATION OF CALLOWAY TRANSPORTATION COMPANY FOR 
FRANCHISE CERTIFICATE TO OPERATE FROM SWAN QUARTER 
TO ENGLEHARD. 

Order 

Before: Fred C. Hunter, Commissioner. 

This is an application filed by P. E. Calloway, trading as Calloway 
Transportation Company, for motor vehicle franchise rights to transport 
property over U. S. Highway No. 264 between Swan Quarter and Engel- 
hard, a distance of approximately twenty-four miles. The cause came on 
for hearing, after due notice, on the 2nd day of October, 1941, and was 
heard without opposition. 

Appearances : 

Leroy Scott, Washington, N. C, for the applicant. 

Simms & Simms, Raleigh, N. C, for Norfolk and Southern, 

(Intervening). 

Hunter, Commissioner: The application herein being unopposed, the 
testimony was brief but amply sufficient to show public convenience and 
necessity for the rights requested. The applicant now operates under 
franchise rights granted by this Commission between Washington, North 
Carolina, and Swan Quarter, North Carolina, over said U. S. Highway No. 
264, and by his present application seeks an extension of his franchise route 
to Engelhard. It further appears from the testimony that said applicant now 
owns sufficient equipment to render the additional service contemplated in 
said application; that said proposed route is not now served by any motor 
vehicle franchise carrier, that such service is needed, and that said applicant 
is qualified to render the same. It is therefore 

Ordered: (1) That the applicant, P. E. Calloway, be, and he is hereby, 
granted motor vehicle franchise rights to transport property from Swan 
Quarter to Engelhard, and return, over U. S. Highway No. 264, and that 
his fanchise certificate be amended accordingly. 

(2) That the findings and order herein made will become effective as 
the findings and order of the full Commission at the expiration of ten 
days from the date hereof unless exceptions are filed thereto within said 
period. 

This the 8th day of October, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, CoTnmissioner 

By Order of the Commission : Harry Tucker, Commissioner. 

R. 0. Self, Chief Clerk. 

Docket No. 1471. 



232 N. C. Utilities Commission 

APPLICATION OF ROBERT G. MONTGOMERY AND WILLIS H. 
ALDRIDGE, d/b/a CAMP TRAILWAYS FOR FRANCHISE TO 
OPERATE PASSENGER BUSES FROM DURHAM, OXFORD, ROX- 
BORO AND CREEDMOOR TO AND FROM AN UNNAMED ARMY 
CAMP TO BE LOCATED IN DURHAM, PERSON AND GRANVILLE 
COUNTIES. DOCKET NO. 2360. 

APPLICATION OF GRANVILLE TRANSPORTATION CO. FOR FRAN- 
CHISE TO OPERATE PASSENGER BUS SERVICE FROM OXFORD 
TO DURHAM VIA PROVIDENCE, STEM, KNAP OF REEDS AND 
BRAGTOWN. DOCKET NO. 2345. 

Order 

The two above entitled cases were by consent consolidated and heard 
together on January 15, 1942, before Winborne, Commissioner, sitting alone. 

Appearances : 

For Applicant: Benjamin W. Parham, Attorney, Oxford, N. C, for 

Granville Corporation Co. Judge Marshall T. Spears, Durham, N. C, 

for Camp Trailways. 

For Protestants : I. M. Bailey, Attorney, Raleigh, N. C, for the Atlantic 

Greyhound Corporation (both applications). Arch T. Allen, Attorney, 

Raleigh, N. C, for Carolina Coach Co. (both applications). S. A. Jessup, 

President Virginia Stage Lines, Charlottesville, Va. (in Docket 2360). 

At the outset, the applicant, Camp Trailways, stated through its counsel, 
Judge Spears, that it withdrew that part of its application asking for a 
franchise from Roxboro to the proposed camp. Whereupon Mr. Jessup of 
the Virginia Stage Lines, Inc., stated that since that was the only part 
of the application in which he was interested that his protest was likewise 
withdrawn. 

The Atlantic Greyhound Corporation, through its attorney Mr. Bailey, 
filed in writing an offer to render any service over the routes set out in 
either or both applications which the Commission might find that public 
convenience and necessity required, and contended that since the Atlantic 
Greyhound Corporation had held a franchise from Oxford via Creedmoor 
to Durham for many years that it should be allowed to provide such service 
to the camp as the Commission might find was necessary. 

The Carolina Coach Company, through its attorney Mr. Allen, verbally 
offered to provide any service to the camp which the Commission might 
require but did not oppose the granting of a franchise to either applicant 
in the event the Commission should find that the services of either applicant 
were justified by public convenience and necessity. The exact wording of 
the offers by both the Atlantic Greyhound Corporation and the Carolina 
Coach Co. appear in the record. 

The substance of the testimony adduced by the applicant, Granville 
Transportation Co., is as follows: 

That between Oxford and the proposed camp is located the Town of 
Stem; that the passenger trains between Oxford and Durham, which 
formerly served Stem, have been discontinued; that Stem has a population 
of between 300 and 400 people; that the territory between Stem and Oxford 



Decisions and Adjustments of Complaints 233 

and between Durham and the camp is thickly populated; that normally 
there would be sufficient business to justify the operation, and with the 
location of the camp the demand for service both by the workers and 
soldiers going from Oxford to the camp and from Durham to the camp 
would be enormous. 

Mr. D. C. Hunt, owner of the Granville Transportation Co., further 
testified that he had 18 buses immediately available for the service, and that 
while he had no experience in bus operation that he was a man of business 
experience, having operated a redrying tobacco plant and that he was 
satisfied he could successfully operate the proposed bus line. He further 
stated that he was financially able to provide what service was necessary. 

The substance of the testimony adduced by the applicant. Camp Trail- 
ways, was in substance as follows: 

That it is now certain that the camp will be located in the territory 
North of Durham and in a triangle between the road from Durham to 
Oxford by Creedmoor and the road from Durham to Roxboro; that the 
Southern end of the camp will be 10 miles North of Durham and that the 
center of the cantonment will be 12 miles from Durham; that the camp 
will be of sufl^cient size to take care of three regiments of infantry, three 
regiments of field artillery, quartermaster quarters, hospital, machine shops, 
motorized unit, probably an anti-aircraft unit, airport reservation for 
aviation training, et cetera. It was further testified that there would be 
stationed at the camp, which is to be completed by July 15, 1942, 1,550 
officers, 35,511 enlisted men, 364 nurses, 7 warrant officers, making a total 
of 37,383 persons. From the testimony it further appears that thousands of 
workmen will be engaged in the construction of the camp and that these 
workmen will have to commute daily between the camp and surrounding 
towns and that bus service from the camp to surrounding towns will be 
immediately necessary, and especially so in view of the fact that the 
ban on the purchasing of automobiles and automobile tires will increasingly 
require the service of public transportation companies. 

Further testimony was offered by the Camp Trailways in reference to 
need for bus service from the center of the cantonment to Creedmoor, a 
distance of about 4i/^ miles. A three-lane highway, it was stated, would be 
built from Wilkins to U. S. Highway No. 15, 2i/^ miles from Creedmoor, 
and that the proximity of the Town of Creedmoor to the camp would make 
Creedmoor a very desirable place for the workers to reside and create an 
immediate demand for public transportation facilities. 

The witness Montgomery testified that if the Camp Trailways were 
granted the franchise as applied for, that a corporation would be formed 
and that he, Willis H. Aldridge, and another party, whose name he did 
not then want to reveal, would be the charter members of the corporation. 
He further testified that he had a contract to purchase twenty 40-passenger 
buses and that the corporation would be amply financed to give whatever 
service was found to be necessary. 

The only witness offered by the protestants was Mr. B, M. Amole, 
Assistant Traffic Manager of the Atlantic Greyhound Corporation, who 
testified as to the number of schedules which his Company was now 
operating from Richmond to Durham via Creedmoor and the edge of the 



234 N. C. Utilities Commission 

proposed camp site. It was Mr. Amole's opinion that the Atlantic Grey- 
hound Corporation was ready to furnish any number of schedules which 
the Commission might require between Creedmoor and Durham or between 
Creedmoor and Oxford. He further stated that his Company served Camp 
Stewart in Georgia and Shaw Field in South Carolina and that the 
service at both places was adequate and satisfactory. 

Upon a consideration of the entire record, it is found as a fact: 

1. That public convenience and necessity has been shown by the Gran- 
ville Transportation Company for the operation of passenger bus service 
to and from the camp from Oxford over County Highway via Stem, but 
not South of the camp to Durham. 

2. That public convenience and necessity has been shown by Robert G. 
Montgomery and Willis H. Aldridge, d/b/a Camp Trailways (later to be 
incorporated), for passenger bus service from Durham to the camp over 
county road known as Knap of Reeds and also from the camp to Creed- 
moor and return, but not from Creedmoor over Highway No. 15 to 
Durham, or vice versa. 

The point of entrance into the camp from either the road leading from 
Oxford or the road from Durham can not at this time be fixed, but the 
said bus companies shall have the right to enter the camp at the place 
or places designated by the camp authorities: Provided, however, if the 
entrance hereinafter to be designated shall necessitate the operation by 
either the Granville Transportation Co. or the Camp Trailways over 
any portion of Highway No. 15, then said operation shall be entirely with 
closed doors, and if other entrances are provided which do not make it 
necessary to operate over any part of Highway No. 15, then the entrance 
to Highway No. 15 shall not be used except in the operation by the Camp 
Trailways in its service from the camp to Creedmoor. 

In passing upon this matter, the rights of the Atlantic Greyhound Cor- 
poration have not been overlooked and it is contemplated that later it will 
be necessary for the service of the Atlantic Greyhound Corporation to be 
extended into the camp. It is not now believed that the kind of long 
distance service which the Atlantic Greyhound Corporation provides will 
be needed into the camp during the period of construction but that for 
some time to come service to the camp will be needed for and used by the 
construction crews. Furthermore, it may be necessary at a later time to 
authorize the operation of bus lines connecting distant points to operate 
directly into the camp rather than require persons travelling between the 
camp and points beyond Durham and Oxford to change buses at said two 
points. It shall be the purpose of this Commission to provide as near 
adequate service for the camp as possible. 

Wherefore it is ordered: 

1. That upon compliance with the rules, regulations and requirements of 
the Commission a franchise certificate be issued to the Granville Transpor- 
tation Co. to operate buses for the carrying of passengers, mail and light 
express over an unnumbered County Highway from Oxford, N. C, via 
Stem to the Army camp and return. 

2. That upon compliance with the rules, regulations and requirements of 
this Commission that a franchise certificate be issued to Camp Trailways, 



Decisions and Adjustments of Complaints 235 

Inc., to operate buses for the carrying of passengers, mail and light express 
from Durham over unnumbered County Highway by Knap of Reeds to the 
Army camp and return; and also from the Army camp to Creedmoor and 
return. 

3. That since these cases were heard by less than the full Commission, 
ten days are allowed for filing Exceptions to be heard by the full Com- 
mission, and if no Exceptions are filed within said period, then this order 
shall become the final order of the Commission. 

This the 5th day of February, 1942. 

Stanley Winborne, Chairman 

By Order of the Commission : Fred C. Hunter, Comviissioner. 

R. O. Self, Chief Clerk. 

Dockets Nos. 2345 and 2360. 

Correction in order rendered February 5, 1942, in Dockets Nos. 2345 
and 2360, same being application of Granville Transportation Company and 
Camp Trailways, respectively. 



In the last paragraph, at the bottom of the first page of said order, 
it is stated that: "The Carolina Coach Company, through its attorney 
Mr. Allen, verbally offered to provide any service to the camp which the 
Commission might require but did not oppose the granting of a franchise 
to either applicant in the event the Commission should find that the services 
of either applicant were justified." 

To the extent that the Carolina Coach Company did not oppose the 
granting of a franchise to either applicant the foregoing statement is 
incorrect. Mr. Allen stated that: "Atlantic Greyhound is best equipped to 
render the necessary and needed service to and from this camp area, that 
the Carolina Coach Company desires to cooperate with the Atlantic Grey- 
hound as the existing operator in that area, and, if and upon their request 
or upon request of the Commission, will be pleased to furnish such equip- 
ment as may be required to assist them in rendering the service." 

Please attach this to the copy of the order sent you. 

Stanley Winborne, Chairman. 
Dockets Nos. 2345 and 2360. 

APPLICATION OF ROBERT G. MONTGOMERY AND WILLIS H. 
ALDRIDGE, d/b/a CAMP TRAILWAYS, NOW INCORPORATED 
UNDER THE NAME OF DURHAM TRANSPORTATION CORPO- 
RATION, FOR FRANCHISE TO OPERATE PASSENGER BUSES 
FROM DURHAM, OXFORD, ROXBORO AND CREEDMOOR TO 
AND FROM AN UNNAMED ARMY CAMP TO BE LOCATED IN 
DURHAM, PERSON AND GRANVILLE COUNTIES, WHICH HAS 
SINCE THE APPLICATION WAS FILED BEEN NAMED CAMP 
BUTNER. 

Order Amending Order of February 5, 1942 

This matter again comes before the Commission on Exceptions filed by 
the applicant on February 16, 1942 to the order of this Commission, dated 
February 5, 1942. In said order of the Commission of February 5, 1942 it 



236 N. C. Utilities Commission 

was provided that the applicant be granted a franchise to operate pas- 
senger buses from Durham to the Army camp, now Camp Butner, by 
the Knap of Reeds road and that there should be only such operation 
over Highway No. 15 as was necessary to gain entrance into the camp. 

Five Exceptions are taken to the order of the Commission the gist of 
which is as follows: 

1. Because the Commission refused to grant franchise from Durham 
to the camp over Highway No. 15 all the way. 

2. Because the Commission refused to grant to the applicant an 
exclusive franchise to serve the camp from Durham, and 

3. Because the Commission stated in its order that it would probably 
give other franchises to other bus companies, including the Atlantic 
Greyhound Corporation, to serve the camp. 

Upon the filing of said Exceptions the Commission had a member of its 
staff to inspect the Knap of Reeds road and report was made to the Com- 
mission that the condition of the road, the width and strength of the 
bridges thereon definitely prevented the operation of bus service over said 
road. 

On April 7, 1942 oral argument was made before the full Commission, 
at which time the applicant was represented by Honorable Marshall Spears 
and Honorable Victor Bryant of Durham, and the protestant, Atlantic 
Greyhound Corporation, by Honorable I. M. Bailey of Raleigh. 

Upon consideration of the Exceptions, the argument of counsel and recon- 
sideration of the written offer filed by the Atlantic Greyhound Corporation 
when the matter was first heard, the Commission has reached the follow- 
ing conclusions: 

1. That the Knap of Reeds road is unsuited for bus operations and 
that the public will be best served by granting to the applicant rights 
over Highway No. 15 from Durham to the camp over any roads 
entering the camp from Highway No. 15. 

2. That the applicant's rights should be protected, but that exclusive 
rights would be contrary to the public interest, and 

3. That the Atlantic Greyhound Corporation, which already holds 
a franchise from Durham to Oxford and beyond over Highway No. 15, 
should be given the right to serve the camp if the camp authorities 
so desire, and that a franchise should be issued to it from Highway No. 
15 to the camp entrance over all roads leading from Highway No. 15 
to the camp entrance, thereby leaving it to the camp authorities to 
determine whether said Atlantic Greyhound Corporation shall enter the 
camp proper. 

Wherefore, the order of this Commission of February 5, 1942, is hereby 
changed and amended the Exceptions allowed to the following extent only: 

1. That the applicant, Durham Transportation Corporation, be given 
a franchise certificate to operate from Durham to Camp Butner over 
any road, from Highway No. 15 to the camp entrance, that now exists 
or may hereafter be constructed, provided, that said operation between 
Durham and the point on Highway No. 15, at which the operation leaves 
said Highway for the camp entrance, shall be with closed doors from 
the city limits of Durham, except for bona fide workmen at the camp. 

2. That the Atlantic Greyhound Corporation be issued a franchise 
certificate to operate from Highway No. 15 to the camp entrance 
over any road from Highway No. 15 to the camp entrance now existing 
or which may hereafter be constructed. 

3. That said franchise certificate shall authorize the carrying of 
passengers, mail and light express. 



Decisions and Adjustments of Complaints 



237 



4. That said operating rights herein granted shall cease six months 
after the abandonment of said camp, and 

5. Franchise certificates in accordance with this order shall be 
immediately issued to the Durham Transportation Corporation and 
the Atlantic Greyhound Corporation upon their respective compliance 
with the rules and regulations of this Commission. 

This the 7th day of April, 1942. 



Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2360. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



APPLICATION OF DURHAM TRANSPORTATION CORPORATION 
FOR FRANCHISE TO OPERATE PASSENGER BUSES FROM DUR- 
HAM, OXFORD, ROXBORO AND CREEDMOOR TO AND FROM 
CAMP BUTNER IN DURHAM, PERSON AND GRANVILLE COUN- 
TIES. 

Order Reopening Case 

Whereas, since the Commission's order in the above entitled action, 
dated April 7, 1942, motion has been made by the applicant through its 
attorneys, Honorable Marshall T, Spears and Honorable Victor S. Bryant 
of Durham for reopening of the case in order that opportunity may be 
afforded to present additional testimony, and 

Whereas, the Commission having heard a statement as to the nature of 
said additional testimony and being of the opinion that said testimony should 
be considered by the Commission in order that complete justice between the 
parties may be determined. 

It is now ordered: 

1. That said case be and the same is hereby reopened and that a 
time shall hereafter be fixed when both the applicants and the pro- 
testant shall have an opportunity, if they so desire, to present to the 
Commission additional testimony in the matter. 

2. That the franchise certificates heretofore authorized to be issued 
under the order of this Commission, dated April 7, 1942, be withheld 
until further order of this Commission. 



This the 17th day of April, 1942. 



Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2360. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



238 N. C. Utilities Commission 

APPLICATION OF DURHAM TRANSPORTATION CORPORATION 
FOR FRANCHISE TO OPERATE PASSENGER BUSES FROM DUR- 
HAM, OXFORD, ROXBORO AND CREEDMOOR TO AND FROM 
CAMP BUTNER IN DURHAM, PERSON AND GRANVILLE 
COUNTIES. 

Amendment to Order of April 7, 1942 

This matter again came before the Commission for hearing upon the 
motion of the applicant, which was granted, to reopen the case so that 
additional testimony could be offered in reference to the inability of the 
applicant to procure sufficient financial backing to properly provide the 
service authorized unless the order was so changed so as to give more 
protection to the operation proposed by the applicant between Durham 
and Camp Butner, 

Additional testimony was heard by the full Commission on April 25, 
1942, at which time the applicant was represented by Honorable Marshall 
T. Spears and Honorable Victor S. Bryant, attorneys of Durham, and the 
protestant, the Atlantic Greyhound Corporation, by Honorable I. M. Bailey 
and Honorable J. C. B. Ehringhaus, attorneys of Raleigh. 

After hearing the testimony offered by the applicant's witness Aldridge 
and the protestant's witness Sullivan, all of which is a matter of record, 
the Commission is of the opinion that its order of April 7, 1942, should 
be amended so as to protect the operation of the applicant and its proposed 
investment in equipment to render the service, but that the Atlantic Grey- 
hound Corporation, which has for a long time held a franchise over High- 
way No. 15 from Durham to Oxford and beyond, should not be excluded from 
serving Camp Butner. 

Wherefore it is ordered, that the order of this Commission, dated April 
7, 1942, be and the same is hereby amended to read as follows: 

1. That the applicant, Durham Transportation Corporation, be 
given a franchise certificate to operate from Durham to Camp Butner 
over Highway No. 15, and from Highway No. 15 over any road to 
the said camp entrance that now exists or may hereafter be constructed, 
provided: That said operation between Durham and the point on High- 
way No. 15, at which the operation leaves said Highway No. 15 for 
the camp entrance, shall be with closed doors from the limits of 
Durham, except for bona fide workmen at the camp. 

2. That the Atlantic Greyhound Corporation be issued a franchise 
certificate to operate from Highway No. 15 to the camp entrance over 
any road from Highway No. 15 to the camp entrance now existing or 
which may hereafter be constructed, provided: Said Atlantic Greyhound 
Corporation shall operate no schedule between Durham and Camp But- 
ner, except such schedules as it now operates or which it may here- 
after be authorized to operate between Durham and Henderson, North 
Carolina. 

3. That the preceding section is not intended and shall not be 
interpreted to prevent the Atlantic Greyhound Corporation from operat- 
ing schedules to the said camp from points on its line other than 
Durham. 

4. That said franchise certificates shall authorize the carrying of 
passengers, mail and light express. 

5. That said operating rights herein granted to the Durham Trans- 
portation Corporation to Camp Butner and to the Atlantic Greyhound 



Decisions and Adjustments of Complaints 239 

Corporation from Highway No. 15 to Camp Butner shall cease six 
months after the abandonment of said camp. 

6. That franchise certificates in accordance with this order shall be 
issued immediately to the Durham Transportation Corporation and the 
Atlantic Greyhound Corporation upon their respective compliance with 
the rules and regulations of this Commission. 

7. That this Commission reserves the right, and hereby gives notice 
to the parties of record in this proceeding, to authorize other passenger 
service to and from Camp Butner if called upon so to do by the Com- 
manding Officer in charge of said camp, or if this Commission finds 
the services hereby authorized insufficient for the needs of said camp. 

This the 28th day of April, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. 0. Self, Chief Clerk. 

Docket No. 2360. 



IN THE MATTER OF THE SALE BY CAPITAL COAST EXPRESS 
COMPANY, INC., AND PURCHASE BY D. J. THURSTON, JR., 
d/b/a THURSTON MOTOR LINES, OF CAPITAL COAST EXPRESS 
COMPANY CERTIFICATES AND FRANCHISE RIGHTS. 

Order Approving the Sale and Purchase of the Franchise Certificates 
AND Rights of Capital Coast Express Company, Incorporated. 

This matter coming on to be heard upon the joint petition of Capital 
Coast Express Company, Inc., and D. J. Thurston, Jr., d/b/a Thurston 
Motor Lines, and being considered upon said petition and the attached 
agreement and completed contract and upon the knowledge of the situation 
referred to in said contract in the possession of the undersigned Com- 
missioner, by reason of his authority for the supervision and examination 
of operations by motor carriers within North Carolina, the Commission 
finds as a fact as follows: 

A. That on the 31st day of August, 1940, subject to approval by this 
Commission and the Interstate Commerce Commission of the sale and 
purchase of the franchise certificates and rights of Capital Coast Express 
Company, Inc., the petitioners entered into a contract, a copy of the 
preliminary agreement and of the completed contract being attached to 
the petition and made a part thereof, and the said contracts have been 
executed by the parties thereto and delivered to I. M. Bailey, Escrow Agent, 
together with the cash portion of the purchase price, to be held by said 
Escrow Agent pending the approval of the sale and purchase by the 
aforesaid regulatory bodies, said contract, as providing therein, not to 
become effective except upon approval by the said two regulatory bodies. 

B. That the routes and operation of the Capital Coast Express Company 
are important in the intrastate transportation of freight within North 
Carolina, traversing important sections and operating over important high- 
ways. The operation forms between the capital city and eastern portion of 
North Carolina a very necessary operation between important carriers, 
and between Raleigh and Lenoir the operation is very essential to the 



240 N. C. Utilities Commission 

distribution in eastern North Carolina of commodities and merchandise 
and to the distribution in Piedmont and Western North Carolina of the 
produce of the entire section of the state; that if the operations now con- 
ducted by Capital Coast Express Company should be discontinued or the 
service rendered by the Company impaired, the public would be seriously 
hampered in the exchange of freight, and important transportation lines 
would suffer in the handling of intrastate freight; that being an operation 
wholly within the State of North Carolina, the said Capital Coast Express 
Company operation is registered with the Interstate Commerce Commission 
and by reason thereof handles interstate freight; that at important points, 
except for irregular trips, the interstate service furnished by said Capital 
Coast Express Company is the only service available by truck; that any 
impairment of the service or the discontinuance of the operation of Capital 
Coast Express Company would seriously hamper this interstate movement 
of commodities; that there are four stockholders of Capital Coast Express 
Company; that George R. Ross is now by reason of his special training 
and experience especially employed by the State of North Carolina through 
the Agriculture Department of said State and of necessity has to devote 
a considerable portion of his time to said special assignment; that George 
R. Ross, Jr., second stockholder, is expecting momentarily to be called to 
the service of the United States in the Army, being especially equipped 
by training and experience to join with the newly organized mechanized 
forces of the army and being especially urged by the authorities because 
of the commission as an officer held by him to join up in this arm of the 
service; that M. G. Ross, another stockholder, is the wife of George R. 
Ross and the mother of George R. Ross, Jr., and Wm. G. Ross, the fourth 
stockholder; that neither M. G. Ross nor Wm. G. Ross can give to the 
operation of Capital Coast Express Company service the attention and time 
necessary to render the public service required of it, Wm. G. Ross now 
being independently employed; that it is necessary to have additional 
financing in order to take care of increased demands for the service of 
Capital Coast Express Company, to provide adequate equipment for opera- 
tion and to provide ample capital for the proper operation of the service 
offered by said company; that in view of the circumstances in which the 
four stockholders find themselves, it is improvident to attempt to secure 
such additional capital for the continued operation of the service by Capital 
Coast Express Company. 

C. That D. J. Thurston, Jr., d/b/a Thurston Motor Lines, is an expe- 
rienced operator both interstate and intrastate, operating partially within 
the territory adjoining that within which the Capital Coast Express Com- 
pany operates, and operating through the possession of rights, certain 
interstate irregular service to the points covered by the operation of Capital 
Coast Express Company; that the operation of Thurston Motor Lines is 
such that the ownership by it of the franchise certificates and rights of 
Capital Coast Express Company more definitely fits into a well developed 
motor carrier service for rendering to the public the highest type possible of 
intrastate and interstate service to, from and within the territory covered 
by the combined operations of Capital Coast Express Company and Thurston 
Motor Lines; that D. J. Thurston, Jr., is financially able to provide immedi- 
ately all necessary equipment, working capital and experience necessary to 



Decisions and Adjustments of Complaints 241 

the continued operation of the service which has been performed by Capital 
Coast Express Company and to develop that service to meet all needs and 
demands of the public to be served if the two operations are combined in 
the one; that D. J. Thurston, Jr., is willing to combine immediately said 
two operations and to furnish such service as may be required by public 
need and necessity. 

D. That it is essential to the preservation of the service of Capital 
Coast Express Company that the immediate sale and purchase of the 
franchise certificates and rights be approved by this Commission, as it is 
also likewise important and necessary that immediate approval be obtained 
from the Interstate Commerce Commission. This Commission, by reason of 
its general supervision and right of examination into the affairs of motor 
carriers operating within the state, is familiar with the necessity of this 
immediate approval by this Commission, and the Capital Coast Express 
Company urges immediate approval of the sale and purchase as covered 
by the petition. 

Upon the foregoing facts the Commissioner finds that public convenience 
and necessity now served and to be served both by the present operation of 
Capital Coast Express Company and by D. J. Thurston, Jr., d/b/a Thurston 
Motor Lines, requires and will require the immediate approval of the 
sale and purchase as provided for in the contracts attached to and made 
a part of the petition filed herein, and said sale and purchase as provided 
for in said contracts is hereby approved and the same is immediately 
authorized, subject only to the reservation of this matter until the Interstate 
Commerce Commission shall have acted upon the application to it for its 
approval of said sale and purchase, and to the end that if said sale and 
purchase is not approved by the Interstate Commerce Commission this 
Commission may be free to act for the protection of the public interests. 

It is further ordered that the franchise certificate of Capital Coast Express 
Company be and the same is hereby amended immediately that it becomes 
possible for D. J. Thurston, Jr., d/b/a Thurston Motor Lines, to begin 
the operation of Capital Coast Express Company's service through approval 
by the Interstate Commerce Commission. 

This the 21st day of October, 1940. 

Stanley Winborne, Utilities Commissioner 
of North Carolina. 
R. 0. Self, Chief Clerk. 
Docket No. 2087. 

IN THE MATTER OF THE SALE BY CAPITAL COAST EXPRESS 
COMPANY, INC., AND PURCHASE BY D. J. THURSTON, JR., 
d/b/a THURSTON MOTOR LINES, OF CAPITAL COAST EXPRESS 
COMPANY CERTIFICATES AND FRANCHISE RIGHTS. 

Order 

This matter coming on to be heard upon the petition of the Capital 
Coast Express Company, Inc., for authority to execute and deliver to I. M. 
Bailey, Trustee, a deed of trust as additional collateral to secure the 
repayment of advances made to, for or on behalf of Capital Coast Express 



242 N. C. Utilities Commission 

Company, Inc., and for such further, other and additional relief as to the 
Commission may seem necessary to preserve the operations and franchise 
rights of Capital Coast Express Company, Inc.; and it appearing to the 
undersigned Commissioner and being found as facts by him that it is nec- 
essary that Capital Coast Express Company, Inc., immediately have avail- 
able ready cash for the payment of certain claims and demands; that D. J. 
Thurston, Jr., has agreed to furnish the same if the repayment thereof 
is secured; that the said D. J. Thurston, Jr., is able to make the advances 
contemplated; that the execution and delivery to I. M. Bailey, Trustee, of 
a deed of trust conveying all right, title, interest and estate in and to all 
of the franchise routes and rights of the Capital Coast Express Company, 
Inc., furnishes such additional security as D. J. Thurston, Jr., now demands 
in order to make said advances; that the execution of said deed of trust 
and the delivery thereof to said Trustee and the payment of said claims 
and demands through advances from D. J. Thurston, Jr., are to the best 
interests of Capital Coast Express Company, Inc., and to the public served 
by its franchises; that the sale of the franchise routes and rights by 
Capital Coast Express Company, Inc., has already been approved by this 
Commission, to be effective as, if and when the same is approved by the 
Interstate Commerce Commission; that hearing has been held before an 
Examiner of the Interstate Commerce Commission but no order has yet 
been entered and it is not possible to determine when an order will be 
entered either approving or denying the application for approval of the 
purchase and that in the meantime it is necessary that the shipping public 
served by Capital Coast Express Company, Inc., be provided with the 
service which Capital Coast Express Company, Inc., has rendered in the 
past and is required to render under its franchise; 

And it further appearing and being found as a fact that the continued 
operation of said Capital Coast Express Company, Inc., service must be 
provided for and that the employment of Thurston Motor Lines to per- 
form its actual operation from Raleigh east over all of its lines will 
enable said Capital Coast Express Company, Inc., to continue its service 
along all of its lines and to all of the public served by it, and is to the 
best interest of said company and the public and meets the reasonable 
public needs and necessities incident to said operation; 

It is now, therefore, ordered by the Commission: 

First — The execution and delivery by Capital Coast Express Company, 
Inc., of the deed of trust to I. M. Bailey, Trustee, to secure the repayment 
of $13,250.00 to be made by D. J. Thurston, Jr., or so much of said sum 
as may be advanced to be evidenced by statement of account, checks, or other 
memoranda, is hereby approved and authorized, subject to Deed of Trust 
of March 1, 1938 to Weisner Farmer & Neil McK. Ross, Trustees, and said 
deed of trust shall provide for repayment upon demand or otherwise as may 
be arranged between the parties. 

Second — A contract by Capital Coast Express Company, Inc., with 
Thurston Motor Lines to perform the transportation of its franchises from 
Raleigh, N. C, east, of all intrastate freight and of interstate freight for 
and on its account, is hereby authorized and approved, and Capital Coast 



Decisions and Adjustments of Complaints 243 

Express Company, Inc., is authorized to enter into such contract immedi- 
ately for the preservation of its franchises and of its service to the public. 
This the 12th day of December, 1940. 

Stanley Winborne, Utilities Commissioner. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2087. 

IN RE: LEASE BY CAPITAL COAST EXPRESS COMPANY, INC., 
OF ITS OPERATIONS TO D. J. THURSTON, JR., d/b/a THURSTON 
MOTOR LINES. 

Order of Approval 

Capital Coast Express Company, Inc., and D. J. Thurston, Jr., d/b/a 
Thurston Motor Lines, having presented to the undersigned Utilities Com- 
missioner of the State of North Carolina a contract dated the 15th day of 
February, 1941, and the undersigned having considered said contract and 
all matters and things on file in its office in connection with the operation 
of Capital Coast Express Company, Inc., and being of the opinion that 
said lease is necessary and proper for the public convenience and necessity 
in connection with the routes and rights of Capital Coast Express Com- 
pany, Inc.: 

Now, therefore, said lease is hereby fully approved, and D. J. Thurston, 
Jr., d/b/a Thurston Motor Lines, is hereby authorized to take over under 
said lease the operation of Capital Express Company, Inc., at seven o'clock 
a.m., on the 17th day of February, 1.941, and continue said operation in 
accordance with the terms of said lease; and Capital Coast Express Com- 
pany, Inc., is hereby relieved by this order of conducting said operation 
other than by the terms of said lease on and after seven o'clock a.m., 
on the 17th day of February, 1941. 

Done at Raleigh, North Carolina, this the 15th day of February, 1941. 

Stanley Winborne, Utilities CoTumissioner. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2087. 

APPLICATION OF CAROLINA COACH COMPANY TO OPERATE 
AS A CARRIER OF PASSENGERS FROM KINSTON TO DUNN 
VIA SEVEN SPRINGS, MOUNT OLIVE, NEWTON GROVE OVER 
N. C. HIGHWAY NO. 55, AND FROM DUNN TO SANFORD VIA 
U. S. HIGHWAY NO. 421 SERVING ERWIN, BUIES CREEK, LIL- 
LINGTON, MAMERS, BROADWAY AND JONESBORO. 

Order 

This matter came on for hearing and was heard by Commissioner Win- 
borne at the Sir Walter Hotel, Raleigh, N. C, on May 15, 1940, the said 
Commissioner sitting both as North Carolina Utilities Commissioner and 
as a member of Joint Board No. 103 of the Interstate Commerce Com- 
mission, by consent. 



244 N. C. Utilities Commission 

The applicant was represented by Mr. Willis Smith, Raleigh, N. C, 
Mr. Robert E. Quirk, Washington, D. C, Mr. Edwin Lee Gavin, San- 
ford, N. C, and Mr. L. M. Chaffin, Lillington, N. C. 

The protestant, Atlantic Greyhound Corporation, was represented by 
Mr. I. M. Bailey, Raleigh, N. C, and Mr. George D. Rives, Washington, 
D. C. 

The protestant, Atlantic and Western Railroad, was represented by 
Mr. W. W. Seymour, Sanford, N. C, and Mr. Murray Allen, Raleigh, 
N. C. 

The Seashore Transportation Company, intervenor, was represented 
by Mr. D. L. Ward, New Bern, N. C. 

WiNBORNE, Chairman. 

The application originally asked for a franchise from New Bern to 
Kinston on to Sanford, but that part of said application from New Bern 
to Kinston was withdrawn as a result of an agreement reached between 
the Carolina Coach Company and the Seashore Transportation Company 
and filed with this Commission. The Seashore Transportation Company then 
withdrew its protest and the hearing proceeded on that part of the applica- 
tion asking for a franchise from Kinston to Sanford. 

The applicant offered numerous witnesses from each of the towns from 
Kinston to Sanford, who testified as to the need for bus service between 
said points and as to the distance which would be saved in traveling from 
Kinston to points west of Sanford. 

The protestant, Atlantic Greyhound Corporation, offered much testimony 
to the effect that nearly every town on the proposed route had bus service; 
that no further bus service was needed and that the effect of granting the 
franchise would be to divert business from its line which now comes or 
goes through Raleigh and is transferred to its line at that point. 

The Atlantic and Western Railroad objected only to the granting of 
the franchise from Lillington to Sanford and contended that such a 
service would jeopardize the existence of the present Railroad, and it 
offered numerous witnesses both from Lillington and Sanford who testified 
that the Railroad was giving ample passenger service between said points; 
that it was being operated on a close margin and that if its passenger 
business was diverted from it, in their opinion, they would lose the Railroad 
completely and that the Railroad was of greater benefit to Sanford and 
Lillington than would be the bus line. Financial statements were offered 
by the Railroad showing that its margin of profits was small and that 
without its passenger revenue it would be unprofitable. 

At the time of the hearing of this case the Country was not at war, 
there were only a small number of soldiers at Fort Bragg, there was no 
rubber shortage and no gasoline rationing and the Commission did not look 
with favor upon the granting of this franchise and awaited the action of 
the Interstate Commerce Commission before rendering its decision on the 
intrastate application. Since that time conditions have radically changed, 
conditions of which the Commission takes judicial notice and it is now 
felt that with the numerous amount of movements to and from Fort Bragg 
and other military and naval bases located at the Eastern part of the 
State that there is a real need for this service during the period of emer- 
gency, and the Commission finds as a fact that public convenience and 
necessity now exist for the granting of said franchise, and 



Decisions and Adjustments of Complaints 245 

It is now therefore ordered, that a franchise be issued to the applicant 
to operate from Kinston to Sanford over the highways and through the 
towns and communities set out in the application and in the caption hereof 
for the period of emergency and for six months after the present war has 
been officially terminated, upon the applicant complying with the rules, 
regulations and requirements of this Commission; and 

It is further ordered, that at the expiration of six months after the war 
is officially terminated, the Commission reserves the right upon good cause 
shown to extend the time and, therefore, retains this cause for further 
orders. 

This the 30th day of June, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Docket No. 1746. R. G. Johnson, Commissioner. 



IN THE MATTER OF CAROLINA COACH COMPANY AND VIRGINIA- 
CAROLINA COACH COMPANY. 

Order 

This matter, coming on to be heard before the Utilities Commission 
of North Carolina upon the Petition of Carolina Coach Company and 
Virginia-Carolina Coach Company for authority to effect a transfer and 
assignment by Carolina Coach Company to Virginia Carolina Coach Com- 
pany of certain of its intrastate franchise certificates, and for authority 
to effect a transfer and assignment by Virginia-Carolina Coach Company 
to Carolina Coach Company of certain of its intrastate franchise certificates 
in order to carry out an agreement heretofore made and entered into by 
and between Carolina Coach Company and Virginia-Carolina Coach Com- 
pany for a consideration mutually agreeable to each of said Companies; 
the Utilities Commission of North Carolina being fully advised as to the 
situation of Carolina Coach Company and Virginia-Carolina Coach Com- 
pany, and of their relationship to the transportation business in North 
Carolina, which is under the supervision of this Commission, and this Com- 
mission having duly considered the effect of said proposed transfer of 
certain intrastate franchise certificates of Carolina Coach Company to 
Virginia-Carolina Coach Company and of Virginia-Carolina Coach Com- 
pany to Carolina Coach Company, and being of the opinion that the public 
service will be improved and the traveling public benefited by a transfer 
from Carolina Coach Company to Virginia-Carolina Coach Company of 
certain of its franchise certificates between points in the State of North 
Carolina, hereinafter fully set forth, and transfer from Virginia-Carolina 
Coach Company to Carolina Coach Company of certain of its franchise 
certificates between points in the State of North Carolina, hereinafter 
fully set forth; and the Commission being of the opinion that said pro- 
posed transfers will provide for the traveling public an efficient, com- 
fortable, and economical through service between points in the State of 
North Carolina and in the State of Virginia, and more particularly 
through service of the Virginia-Carolina Coach Company between Raleigh, 
North Carolina, and Richmond, Virginia, via Roanoke Rapids, North Caro- 



246 N. C. Utilities Commission 

lina, and between Raleigh, North Carolina, and Norfolk, Virginia, via Mur- 
freesboro, North Carolina, with an alternate route via Sunbury, North 
Carolina, serving all intermediate points; a joint through service by Caro- 
lina Coach Company and Virginia-Carolina Coach Company from Fayette- 
ville, North Carolina, to Richmond, Virginia, via Rocky Mount, North Caro- 
lina, and Roanoke Rapids, North Carolina, and from Raleigh, North Caro- 
lina, to Norfolk, Virginia, via Rich Square, North Carolina, serving all 
intermediate points; and it further appearing to this Commission that the 
transfer of the intrastate franchise certificates of Carolina Coach Company 
and Virginia-Carolina Coach Company, as is hereinafter set forth, does 
not grant any new or additional franchise rights but is merely an exchange 
or transfer of existing franchise rights between Carolina Coach Company 
and Virginia-Carolina Coach Company. 

Now THEREFORE, IT IS ORDERED by the Commission: 

1. That the transfer from the Carolina Coach Company to the Virginia- 
Carolina Coach Company of certain of its intrastate franchise certificates 
within the State of North Carolina fully set forth in the agreement 
between Carolina Coach Company and Virginia-Carolina Coach Company 
of date June 18, 1941, a copy of which is on file with this Commission 
attached to Petition filed in this cause marked Exhibit "A", be, and the 
same is hereby approved, and said agreement heretofore entered into by 
and between the said parties is likewise ratified and approved, and which 
said intrastate franchise certificates are between the following points in 
the State of North Carolina: 

(a) From Raleigh, North Carolina, to Murfreesboro, North Carolina, 
via Louisburg, Warrenton, Weldon, Jackson and Conway, North Carolina, 
over North Carolina Highway No. 59 between Raleigh, North Carolina, 
and Warrenton, North Carolina, and over U. S. Highway No. 158 between 
Warrenton, North Carolina, and Murfreesboro, North Carolina, serving 
Roanoke Rapids, North Carolina, as an off -point route; from Murfreesboro, 
North Carolina, to Sunbury, North Carolina, via Winton, Gatesville and 
other intermediate points, over U. S. Highway No. 158; and from Sunbury, 
North Carolina, to the North Carolina-Virginia State line over North Car- 
olina Highway No. 32. 

(b) From Rich Square, North Carolina, to Murfreesboro, North Carolina, 
via Woodland, North Carolina, over U. S. Highway No. 258; from Wood- 
land, North Carolina, to Conway, North Carolina, over North Carolina 
Highway No. 45; and from Rich Square, North Carolina, to Winton, North 
Carolina, via Aulander, North Carolina, and Ahoskie, North Carolina, over 
North Carolina Highway No. 305 between Rich Square and Aulander, over 
North Carolina Highway No. 350 between Aulander and Ahoskie, and 
over North Carolina Highway No. 97 between Ahoskie and Winton, North 
Carolina. 

2. That the transfer from the Virginia-Carolina Coach Company to the 
Carolina Coach Company of certain of its intrastate franchise certificates 
within the State of North Carolina fully set forth in the agreement 
between Carolina Coach Company and Virginia-Carolina Coach Company 
of date June 18, 1941, a copy of which is on file with the Commission 
attached to the Petition filed in this cause marked Exhibit "A", be, and the 



Decisions and Adjustments of Complaints 247 

same is hereby approved, and said agreement heretofore entered into by 
and between the said parties is likewise ratified and approved, and which 
said intrastate franchise certificates are between the following points in 
the State of North Carolina: 

(a) From Roanoke Rapids, North Carolina, to Jacksonville, North Caro- 
lina, via Weldon, Halifax, Enfield, Rocky Mount, Pinetops, Crisp, Farmville, 
Snow Hill, Kinston, Richlands, and other intermediate points, over U. S. 
Highway No. 158 from Roanoke Rapids, North Carolina, to Weldon, North 
Carolina; over U. S. Highway No. 301 from Weldon to Rocky Mount; over 
North Carolina Highway No. 43 from Rocky Mount via Pinetops to the 
intersection of the said North Carolina Highway No. 43 with U. S. High- 
way No. 258; and over U. S. Highway No. 258 to Jacksonville, North 
Carolina. 

3. That the franchise rights of Carolina Coach Company heretofore issued 
by this Commission, between the points hereinabove set forth, be and 
the same are hereby transferred to Virginia-Carolina Coach Company, 
together with all rights thereto pertaining, and the franchise rights of 
Virginia-Carolina Coach Company heretofore issued by this Commission, 
between the points hereinabove set forth, be, and the same are hereby 
transferred to Carolina Coach Company. The Clerk of this Commission is 
authorized to make proper entry upon the records of this Commission and 
on the franchise certificates of Carolina Coach Company and Virginia- 
Carolina Coach Company showing a due and proper transfer of said fran- 
chise certificates and the rights thereto pertaining between the points in 
the State of North Carolina hereinabove set forth. 

4. That the Carolina Coach Company be, and it is hereby authorized 
and directed to continue the operations that have heretofore been carried 
on by Virginia-Carolina Coach Company between the points hereinabove 
referred to and to provide the public, which has heretofore been served by 
Virginia-Carolina Coach Company between said points, with such service 
as has been heretofore furnished by Virginia-Carolina Coach Company; 
and the Virginia-Carolina Coach Company be, and it is hereby authorized 
and directed to continue the ■ operations that have heretofore been carried 
on by the Carolina Coach Company between the points hereinabove referred 
to and to provide the public, which has heretofore been served by Carolina 
Coach Company between said points, with such service as has been hereto- 
fore furnished by Carolina Coach Company. 

This 26th day of June, 1941. 

UTILITIES COMMISSION 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 
Docket No. 2319. 



248 N. C. Utilities Commission 

DOCKET NO. 2448: APPLICATION OF CAROLINA COACH CO. TO 
OPERATE AS MOTOR VEHICLE PASSENGER CARRIER FROM 
RALEIGH TO GARNER VIA U. S. HIGHWAY NO. 70; GARNER TO 
BENSON VIA N. C. HIGHWAY NO. 50, THENCE TO FAYETTE- 
VILLE OVER EXISTING FRANCHISE RIGHTS. (AS AMENDED) 

DOCKET NO. 2564: APPLICATION OF QUEEN CITY COACH CO. TO 
OPERATE AS MOTOR VEHICLE PASSENGER CARRIER FROM 
NEWTON GROVE TO RALEIGH AS FOLLOWS: FROM NEWTON 
GROVE TO JUNCTION N. C. HIGHWAY NO. 50 AND U. S. HIGH- 
WAY NO. 70 VIA N. C. HIGHWAY NO. 50, THENCE FROM SAID 
JUNCTION TO RALEIGH VIA U. S. HIGHWAY NO. 70. 

DOCKET NO. 2578: APPLICATION OF QUEEN CITY COACH CO. TO 
OPERATE AS MOTOR VEHICLE PASSENGER CARRIER FROM 
CLINTON TO ELIZABETHTOWN VIA U. S. HIGHWAY NO. 701. 

Order 

These three applications in Dockets Nos. 2448, 2564 and 2578, as above 
set out, were, upon agreement of the parties concerned consolidated, and 
were heard before Commissioners Winborne and Johnson, on the 4th 
day of June, 1942, and the 22nd day of June, 1942. 

Appearances : 

For Carolina Coach Company: Arch T. Allen, Raleigh, N. C; 
D. L. Ward, New Bern, N. C. 

For Queen City Coach Company: R. G. Cherry, Gastonia, N. C; 
Bunn & Arendell, Raleigh, N. C; H. H. Clark, Elizabethtown, N. C; 
A. L. Butler, Clinton, N. C. 

For Atlantic Greyhound Corp. (Protestant in all dockets) : Bailey, 
Lassiter & Wyatt, Raleigh, N. C; Ehringhaus & Ehringhaus, Raleigh, 
N. C. 

Upon motion of I. M. Bailey, Counsel, the Atlantic Greyhound Corp. 
was admitted as a party protestant in each of the dockets without the 
formality of filing a written protest. 

Johnson, Commissioner: From all the evidence presented the Commis- 
sion has no difficulty in finding as a fact, and it does so find, that public 
convenience and necessity has been shown in the above three applications. 
Dockets Nos. 2448, 2564 and 2578. Therefore, it is 

Ordered: That the application of the Carolina Coach Company to operate 
as motor vehicle passenger carrier from Raleigh to Garner via U. S. 
Highway No. 70, Garner to Benson via N. C. Highway No. 50, thence 
to Fayetteville over existing franchise rights 9 (as amended) ; the appli- 
cation of Queen City Coach Company to operate as motor vehicle pas- 
senger carrier from Clinton to Elizabethtown via U. S. Highway No. 701; 
and the application of Queen City Coach Company to operate as motor 
vehicle passenger carrier from Newton Grove to Raleigh as follows: f rom ■ 
Newton Grove to junction of N. C. Highway No. 50 and U. S. Highway No. 
70 via N. C. Highway No. 50, thence from said junction to Raleigh via 
U. S. Highway No. 70, be, and the same are hereby, granted, certificates 



Decisions and Adjustments of Complaints 249 

to issue when and if the applicants have otherwise complied with the law 
and by filing of equipment specifications and insurance. It is 

Further ordered: That this cause having been heard before less than 
the full Commission, the findings and order herein made will become the 
findings and order of the full Commission at the application of ten days 
from the date hereof, unless exceptions are filed thereto within said period. 

This 29th day of June, 1942. 

Stanley Winborne, Chairman 
R. G. Johnson, Commissioner 
Fred C. Hunter, Commissioner. 

By Order of the Commission: 

R. O. Self, Chief Clerk. 
Dockets Nos. 2448, 2564 and 2578. 

APPLICATION OF CAROLINA COACH COMPANY FOR FRANCHISE 
TO OPERATE COMMON CARRIER PASSENGER SERVICE FROM 
JUNCTION OF N. C. HIGHWAY NO. 95 AND U. S. HIGHWAY NO. 
264 EAST OF ZEBULON VIA ROCKY MOUNT AND LEGGETT 
OVER HIGHWAY NO. 95 TO JUNCTION OF HIGHWAY NO. 95 
AND FEDERAL HIGHWAY NO. 258 AT LAWRENCE, NORTH 
CAROLINA. 

Order 

This matter comes before the Commission upon an application duly filed 
by the Carolina Coach Company on November 12, 1941, in which the said 
applicant company asks for a franchise to be used as an alternate route 
from Zebulon to Rocky Mount over Highway No. 95 and from Rocky 
Mount via Leggett over Highway No. 95 to Lawrence, where said highway 
intersects U. S. Highway No. 258. 

Carolina Coach Company now holds a franchise from Zebulon to Rocky 
Mount over Highway No. 64 and from Rocky Mount via Tarboro to Law- 
rence over Highway No. 258, and the proposed operation which is sought 
in this application is merely for the privilege of operating over the alter- 
nate route a part of their buses, the distance being a few miles shorter 
from Zebulon to Rocky Mount over Highway No. 95 than over Highway 
No. 64 and several miles shorter from Rocky Mount to Lawrence over High- 
way No. 95 than by way of Tarboro. At the present time Carolina Coach 
Company is operating over the short route in its interstate service and 
the Commission finds that there are several small towns and villages on 
Highway No. 95 where the service is needed and where the public will be 
greatly convenienced by the authorization of the desired operation in intra- 
state service. 

The Commission also finds that since the route in question is so near 
the route over which the Carolina Coach Company now operates that no 
consideration would be given to granting a franchise to a competing carrier 
over said route and that, therefore, a hearing on the application is not nec- 
essary. Wherefore, it is 

Ordered that the Carolina Coach Company's present certificate be amended 
so as to extend its rights to operate intrastate from the intersection of 



250 N. C. Utilities Commission 

Highway No. 95 and U. S. Highway Np. 264 east of Zebulon over Highway 
No. 95 through Stanhope, Rocky Mount and Leggett to the intersection of 
Highway No. 95 and U. S. Highway No. 258 at Lawrence, North Carolina, 
and it is 

Further ordered that upon presentation of the franchise certificate now 
held by the Carolina Coach Company said certificate will be amended as 
above indicated. 

This the 9th day of December, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 

By Order of the Commission : 

R. O. Self, Chief Clerk, 
Docket No. 2450. 

APPLICATION OF CAROLINA COACH COMPANY TO OPERATE 
FROM DURHAM TO DUNN BY N. C. HIGHWAY NO. 55, SERVING 
APEX, VARINA, ANGIER, COATS, ERWIN, AND ALL OTHER 
INTERMEDIATE POINTS. 

Order 

This cause arises upon the application of Carolina Coach Company 
entitled as above. 

It appearing to the Commission that the applicant has agreed at this 
time to limit the above entitled application for a certificate of temporary 
authority to operate between Fuquay Springs, Varina and Holly Springs, 
over N. C. Highway No. 55, for and during the period of emergency and 
not to exceed six months after the present war has been officially terminated, 
for the purpose of rendering commuter bus service from Holly Springs to 
Raleigh and over points on the existing franchise routes of the applicant ; 

And it appearing to the Commission, and the Commission finding as a 
fact that there is immediate need for bus service over said route between 
Fuquay Springs, Varina and Holly Springs, in that a number of residents 
of the Holly Springs community are employed in and around Raleigh, 
North Carolina, and have made request of both the Commission and the 
applicant for the service now proposed by the applicant; 

And it further appearing to the Commission that Queen City Coach 
Company, the applicant in Docket No. 2479 to operate between Dunn and 
Durham via Holly Springs and other intermediate points over said N. C. 
Highway No. 55, and Atlantic Greyhound Corporation which now operates 
over its franchise route through Varina and Fuquay Springs over U. S. 
Highway No. 15- A, have agreed to grant a certificate of temporary 
authority to Carolina Coach Company to operate over the route herein 
described, the said Queen City Coach Company and Atlantic Greyhound 
Corporation being the only existing operators affected by this application: 

It is now, therefore, ordered that Carolina Coach Company be, and is 
hereby granted authority to operate between Fuquay Springs, Varina and 
Holly Springs over N. C. Highway No. 55 for the period of emergency 



Decisions and Adjustments of Complaints 251 

and for six months after the present war has been officially terminated, 
upon the applicant complying with the rules, regulations and requirements 
of this Commission. 

Dated this 22nd day of August, 1942. 

/ Stanley Winborne, Chairman 

Fred C. Hunter, CoTnmissioner 
R. G. Johnson, Commissioner. 

Consented to: , 

R. G. Cherry, Attorney for Queen City Coach Company. 
I. M. Bailey, Attorney for Atlantic Greyhound Corp. 
Arch T. Allen, Attorney for Carolina Coach Company. 

BY ORDER OF THE COMMISSION: 
R. 0. Self, Chief Cle'rk. 
Docket No. 2543. 



IN THE MATTER OF LEASE BY CAROLINA COACH COMPANY 
OF VIRGINIA OF ASSETS AND FRANCHISE RIGHTS OF J. C. 
GILLEY, DOING BUSINESS AS CAROLINA-VIRGINIA LINES. 

Order 

This matter coming on to be heard before the Utilities Commission of 
North Carolina upon motion of Carolina Coach Company of Virginia, 
and it appearing to the Commission that the Interstate Commerce Commis- 
sion has approved the agreement of purchase and sale entered into by and 
betvi^een Carolina Coach Company of Virginia and J. C. Gilley, d/b/a 
Carolina- Virginia Lines; and it further appearing that all the conditions 
with reference to the purchase by Carolina Coach Company of Virginia 
of said Carolina-Virginia Lines, as set forth in the agreement entered into 
by and between said parties, have been complied with, 

It is therefore, ordered by the Commission that the Clerk of the Com- 
mission make the proper entry upon the records and upon the franchise 
certificate of Carolina Coach Company of Virginia showing a due and 
proper transfer of said franchise certificate and rights thereto appertain- 
ing of said J. C. Gilley, d/b/a Carolina-Virginia Lines, to Carolina Coach 
Company of Virginia pursuant to the terms of the order heretofore entered 
in this cause under date of April 30, 1942. 

This 29th day of October, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission : 

R. 0. Self, Chief Clerk. ^ 

Docket No. 2617. 



252 N. C. Utilities Commission 

APPLICATION OF THE CAROLINA COACH COMPANY FOR FRAN- 
CHISE TO OPERATE AS MOTOR VEHICLE CARRIER OF PAS- 
SENGERS BOTH FROM U. S. HIGHWAY NO. 70-A AND U. S. HIGH- 
WAY NO. 70 TO THE NEW RALEIGH-DURHAM AIRPORT OVER 
UNNUMBERED COUNTY ROADS AND ALL ROADS HEREIN- 
AFTER CONSTRUCTED FROM U. S. HIGHWAY NO. 70-A AND 
U. S. HIGHWAY NO. 70 TO SAID AIRPORT. 

Order 

This cause came before the Commission for hearing and was heard on 
September 16, 1942. Proof of publication of the notice of said application 
was duly filed with this Commission and in said notice it was stated that 
in the absence of protest the application would be granted as applied for. 

Appearances : 

Mr. Arch T. Allen, Raleigh, N. C, Attorney for the Carolina Coach Co. 

Mr. E. C. Brooks, Jr., Durham, N. C, Attorney for the Raleigh-Durham 
Airport Authority. 

Mr. Roy L. Williamson, Secretary, for the Raleigh-Durham Airport 
Authority and Commissioner of Public Works of the City of Raleigh, N. C. 

The Carolina Coach Company has been operating to the new airport 
since construction began under temporary authority from this Commission 
in transporting workmen engaged in the construction of said airport. All 
parties present admitted that there was a need for common carrier passenger 
bus service as applied for, and no objection or protest was made to the 
granting of said franchise to the applicant, Carolina Coach Company. The 
Commission, therefore, finds as a fact that convenience and necessity has 
been shown for the granting of said franchise and that the Carolina Coach 
Company, which now operates between Durham and Raleigh over both 
U. S. Highway No. 70-A and U. S. Highway No. 70, is prepared to provide 
the service required and is the logical transportation company to serve 
the airport. 

In view of the fact, as stated at the hearing by Messrs. Brooks and 
Williamson, representing the Airport Authority, that at some future date 
it was contemplated that the airport would be used for commercial planes 
and that before such an arrangement could be effected, the Airport Author- 
ity would be required to show ample and sufficient transportation facilities 
to take care of all the needs of the airport, including commercial travel; 

It is now therefore ordered: 

1. That franchise certificate be issued to the Carolina Coach Company 
to operate as a motor vehicle carrier of passengers from U. S. Highway 
No. 70-A and from U. S. Highway No. 70, to the new Raleigh-Durham 
Airport, over all existing roads or roads hereafter constructed from said 
highways, to the airport. 

2. That if at any time it is found that the Carolina Coach Company is 
not providing adequate transportation facilities for any and all purposes 
and fails to do so after thirty days notice from this Commission, this 
Commission will immediately authorize the operation of additional service 



Decisions and Adjustments of Complaints 253 

to any applicant which can satisfy the Commission of his or its ability 
to provide the additional service found to be needed. 
This the 19th day of September, 1942. 

Stanley Winborne, Chairman 
/ Fred C. Hunter, Commissioner 

R. G. Johnson, Commissioner. 

By Order of the Commission : 

R. 0. Self, Chief Clerk. 
Docket No. 2673. 

APPLICATION OF CAROLINA COACH COMPANY FOR FRANCHISE 
CERTIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER OF 
PASSENGERS FROM JUNCTION OF U. S. HIGHWAY NO. 501 AND 
WINDSOR WAY ROAD, THENCE THE WINDSOR WAY ROAD 
THROUGH HOPE VALLEY DEVELOPMENT TO N. C. HIGHWAY 
NO. 55, AND THENCE BY N. C. HIGHWAY NO. 55 TO DURHAM, 
N. C. 

Order 

The above entitled matter came on for hearing and was heard by this 
Commission on September 16, 1942. In the notice of publication, which was 
duly made, it was stated that if no protest were entered that the application 
would be granted. No protest was made. 

Appearances : 

Honorable Arch T. Allen, Raleigh, N. C, Attorney for the Carolina 

Coach Company. 

Winborne, Chairman. 

The operation herein sought was required by numerous citizens residing 
in the Hope Valley area, which is a residential section adjacent to the 
City of Durham, and wherein reside many members of the faculty of Duke 
University. This section at present has no transportation facilities, the 
people therein having heretofore used their own private automobiles. The 
need for public transportation facilities has now arisen on account of the 
rationing of gasoline and tires and this need is now acute. The Carolina 
Coach Company operates from Chapel Hill to Durham along the edge of 
the Hope Valley section, and with very little additional mileage some 
of the schedules from Durham to Chapel Hill can be diverted from U. S. 
Highway No. 501 around by State Highway No. 55 through the Hope Valley 
development into Durham. 

The Commission finds as a fact that convenience and necessity has been 
shown for the operation and that the Carolina Coach Company is the 
logical operator to provide the service. 

Wherefore it is ordered, that upon the compliance with the rules and 
regulations of this Commission that a franchise certificate be issued to the 
Carolina Coach Company to extend its operation between Durham and 
Chapel Hill from junction of U. S. Highway No. 501 and Windsor Way 
Road, thence the Windsor Way Road through Hope Valley development to 



254 N. C. Utilities Commission 

N. C. Highway No. 55, and thence by N. C. Highway No. 55 to Durham, 
N. C. 

This the 21st day of September, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Docket No. 2736. 

AGREEMENT BETWEEN THE CAROLINA SCENIC COACH LINES 
AND THE RUTHERFORD COUNTY TRANSIT COMPANY. 

Order Approving Amendment to Agreement 

The Carolina Scenic Coach Lines and the Rutherford County Transit 
Company have requested approval of an amendment to the lease agree- 
ment entered into between said parties, dated June 29, 1942, and on file in 
Docket No. 2558, which said amendment adds to said agreement a new para- 
graph reading as follows: 

"Provided, that if Nat Hamrick enters the armed forces of the 
United States and therefore ceases actively to be engaged in the 
operation of 'RUTHERFORD', this agreement shall not thereby be 
terminated by 'CAROLINA' if Jenice B. Hamrick, wife of Nat Hamrick, 
or Fred D. Hamrick, Sr., his father, take over the active management 
of 'RUTHERFORD' and actively manage 'RUTHERFORD' in a manner 
satisfactory to 'CAROLINA'." 

Upon consideration of said agreement by the Commission, the same is in 
all respects approved. 

This 2nd day of September, 1942. 

NORTH CAROLINA UTILITIES COMMISSION: 
Fred C. Hunter, Commissioner. 
Docket No. 2558. 

STATE OF NORTH CAROLINA, COUNTY OF RUTHERFORD. 

Agreement 

This agreement, made and entered into this the 12th day of August, 
1942, by and between CAROLINA SCENIC COACH LINES, party of 
the first part, hereinafter referred to as "CAROLINA", and RUTHER- 
FORD COUNTY TRANSIT COMPANY, a corporation, party of the second 
part, hereinafter referred to as "RUTHERFORD": 

WITNESSETH : 

It is agreed that the agreement between the above named parties dated 
June 29, 1942, shall be and the same hereby is amended by adding at the 
end of Paragraph Fourteen the following: 

Provided, that if Nat Hamrick enters the armed forces of the United 
States and therefore ceases actively to be engaged in the operation 
of "RUTHERFORD", this agreement shall not thereby be terminated 
by "CAROLINA" if Jenice B. Hamrick, wife of Nat Hamrick, or 
Fred D. Hamrick, Sr., his father, take over the active management of 
"RUTHERFORD" and actively manage "RUTHERFORD" in a man- 
ner satisfactory to "CAROLINA". 



Decisions and Adjustments of Complaints 255 

In testimony whereof, the parties above named have duly executed this 
instrument the day and year first written above. 

RUTHERFORD COUNTY TRANSIT COMPANY, 
By J. Nat Hamrick, President. 

CAROLINA SCENIC COACH LINES, 

By Hamish Turner, General Manager. 
Docket No. 2558. 



IN THE MATTER OF LEASE BY CAROLINA COACH COMPANY OF 
VIRGINIA OF ASSETS AND FRANCHISE RIGHTS OF J. C. GILLEY, 
DOING BUSINESS AS CAROLINA-VIRGINIA LINES. 

Order 

This matter coming on to be heard before the Utilities Commission of 
North Carolina upon the petition of Carolina Coach Company of Virginia 
for approval of certain agreement of date April 23, 1942, entered into 
between J. C. Gilley, doing business as Carolina-Virginia Lines, and Carolina 
Coach Company of Virginia, a copy of which said agreement is on file with 
the Commission, under the terms of which agreement J. C. Gilley, doing 
business as Carolina-Virginia Lines, does lease unto Carolina Coach Company 
of Virginia all franchises, motor bus equipment, and property of J. C. 
Gilley, doing business as Carolina-Virginia Lines, with the privilege on the 
part of Carolina Coach Company of Virginia to operate motor buses for 
the transportation of passengers over said franchise routes ; 

And the Utilities Commission of North Carolina being fully advised as to 
the situation of Carolina Coach Company of Virginia and J. C. Gilley, doing 
business as Carolina-Virginia Lines, and of their relationship to the trans- 
portation of passengers in North Carolina, which is under the supervision 
of this Commission; 

And this Commission having duly considered the effect of said proposed 
lease and being of the opinion that the public service will be improved and 
the traveling public benefited by a lease to Carolina Coach Company of 
Virginia of all the franchise rights, motor bus equipment, and property of 
J. C. Gilley, doing business as Carolina-Virginia Lines, and the operation 
by Carolina Coach Company of Virginia over said franchise routes: 

Now, therefore, it is ordered by the Commission : 

1. That the lease of all the franchise rights, motor bus equipment, and 
property of J. C. Gilley, doing business as Carolina-Virginia Lines, to Caro- 
lina Coach Company of Virginia be, and the same is hereby approved, 
and that the lease agreement of date April 23, 1942, entered into by and 
between said parties, a copy of which is on file with the Commission, be, 
and the same is hereby approved. 

2. That Carolina Coach Company of Virginia be, and is hereby authorized, 
empowered, and directed to continue the operations that have heretofore 
been carried on by J. C. Gilley, doing business as Carolina-Virginia Lines, 
over the franchise routes of said J. C. Gilley, doing business as Carolina- 
Virginia Lines, as shown on franchise license Certificate No. 99 issued by 
the Commission, and to provide the traveling public, which has heretofore 



256 N. C. Utilities Commission 

been served by J. C. Gilley, with the service heretofore rendered by J. C. 
Gilley. 

3. It is further ordered that the Carolina Coach Company of Virginia be, 
and it is hereby, authorized to take over any and all rights of J. C. Gilley, 
doing business as Carolina-Virginia Lines, in and to leases or contracts of 
operation to or with union bus stations within the State of North Carolina 
and to assume such obligations of J. C. Gilley, doing business as Carolina- 
Virginia Lines, with respect thereto as may be satisfactory to the Carolina 
Coach Company of Virginia. 

4. It is further ordered that Carolina Coach Company of Virginia be, 
and it is hereby authorized and directed to proceed forthwith to carry into 
effect said motor bus service over the franchise routes covered by franchise 
license Certificate No. 99 from and after the effective date of the lease 
agreement dated April 23, 1942, hereinabove referred to, in accordance with 
the terms and provisions of said agreement and in accordance with the 
rules and regulations of the Utilities Commission of North Carolina. 

This 28th day of April, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, CoTnmissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Docket No. 2617. 

IN THE MATTER OF PURCHASE BY CAROLINA COACH COM- 
PANY OF VIRGINIA OF ASSETS AND FRANCHISE RIGHTS OF 
J. C. GILLEY, DOING BUSINESS AS CAROLINA-VIRGINIA LINES. 

Order 

This matter coming on to be heard before the Utilities Commission of 
North Carolina upon petition of Carolina Coach Company of Virginia and 
J. C. Gilley, doing business as Carolina-Virginia Lines, for authority to 
effect a sale and transfer by J. C. Gilley, doing business as Carolina- 
Virginia Lines, to Carolina Coach Company of Virginia, according to 
the terms of an agreement heretofore entered into between said parties, 
of date April 13, 1942, a copy of which said agreement is on file with 
the Commission; 

And the Utilities Commission of North Carolina being fully advised as 
to the situation of Carolina Coach Company of Virginia and J. C. Gilley, 
doing business as Carolina-Virginia Lines, and of their relationship to the 
transportation of passengers in North Carolina, which is under the super- 
vision of this Commission; 

And this Commission having duly considered the effect of said proposed 
transfer and being of the opinion that the public service will be improved 
and the traveling public benefited by a sale and transfer to Carolina Coach 
Company of Virginia of all the franchise rights, motor bus equipment, 
and property of J. C. Gilley, doing business as Carolina-Virginia Lines, 
and the operation by Carolina Coach Company of Virginia over said 
franchise routes; 



Decisions and Adjustments of Complaints 257 

Now, therefore, it is ordered by the Commission: 

1. That a sale and transfer of all the franchise rights of J. C. Gilley, 
doing business as Carolina-Virginia Lines, and of certain motor bus equip- 
ment, and other property to the Carolina Coach Company of Virginia be, 
and the same are hereby approved, and any agreement heretofore entered 
into by and between the said parties is hereby likewise approved and 
ratified. 

2. That the franchise rights heretofore held by J. C. Gilley, doing busi- 
ness as Carolina-Virginia Lines, and evidenced by Certificate No. 99, here- 
tofore issued by this Commission, be, and the same are hereby transferred 
to Carolina Coach Company of Virginia, together with all rights thereto 
appertaining, and the Clerk of this Commission is authorized to make 
proper entry upon the records of the Commission and on the franchise 
certificate of Carolina Coach Company of Virginia showing a due and 
proper transfer of said franchise certificate and rights thereto appertain- 
ing to the Carolina Coach Company of Virginia. 

3. That Carolina Coach Company of Virginia be, and is hereby authorized, 
empowered, and directed to continue the operations that have heretofore 
been carried on by J. C. Gilley, doing business as Carolina-Virginia Lines, 
over the franchise routes of said J. C. Gilley, doing business as Carolina- 
Virginia Lines, as shown on franchise license Certificate No. 99, issued 
by this Commission, and to provide the traveling public, which has hereto- 
fore been served by J. C. Gilley, with the service heretofore rendered 
by J. C. Gilley. 

4. It is further ordered that the Carolina Coach Company of Virginia be, 
and it is hereby authorized to take over any and all rights of J. C. Gilley, 
doing business as Carolina- Virginia Lines, in and to leases or contracts of 
operation to or with union bus stations within the State of North Carolina 
and to assume such obligations of J. C. Gilley, doing business as Carolina- 
Virginia Lines, with respect thereto, as may be satisfactory to the Carolina 
Coach Company of Virginia. 

5. It is further ordered that the petitioners, Carolina Coach Company 
of Virginia and J. C. Gilley, doing business as Carolina-Virginia Lines, be, 
and they are hereby authorized and directed to proceed forthwith to 
carry into effect said service along the franchise routes covered by said 
franchise license Certificate No. 99, and to effect the transfer of the 
motor bus equipment, property, and franchise certificates of said J. C. 
Gilley, doing business as Carolina-Virginia Lines, immediately upon and 
after the approval by the Interstate Commerce Commission of the agree- 
ment of sale and purchase hereinbefore referred to, or at such time as 
may be designated in the order of the Interstate Commerce Commission 
approving such sale and transfer. 



This the 30th day of April, 1942. 



By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2643. 



Stanley Winborne, Chairman 
Fred C. Hunter, Com-7nissioner 
R. G. Johnson, Commissioner. 



258 N. C. Utilities Commission 

APPLICATION OF CENTRAL BUS COMPANY, INC., FOR FRAN- 
CHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE CAR- 
RIER FROM: LINCOLNTON: EAST MAIN TO N. C. HIGHWAY 
NO. 150; THENCE OVER N. C. HIGHWAY NO! 150 TO THE JUNC- 
TION OF SAID N. C. HIGHWAY NO. 150 AND N. C. HIGHWAY 
NO. 16, APPROXIMATELY 12 MILES. LINCOLNTON: WEST MAIN 
TO N. C. HIGHWAY NO. 150 AND HIGHWAY NO. 27 TO TOLUCA, 
INTERSECTION OF HIGHWAYS NOS. 27 AND 18, APPROXI- 
MATELY 15 MILES. LINCOLNTON: WEST MAIN TO N. C. HIGH- 
WAY NO. 150, APPROXIMATELY 2 MILES, THEN SOUTH OVER 
COUNTY ROAD RHODES-RHYNE MILL AND CARTER MILLS. 
LINCOLNTON: SOUTH ASPEN STREET TO MOTZE AVENUE, 
THENCE COUNTY ROAD TO LABORATORY, SOUTH SIDES AND 
LONG SHOALS, APPROXIMATELY 6 MILES. 

Order 

This cause arises upon the above application. When said application was 
filed, the applicant gave evidence of having authority from the City of 
Lincolnton to operate within the corporate limits. It is the policy of this 
Commission to let such intra-city applicants operate not to exceed one mile 
outside the city limits. 

The applicant was advised to consult the Queen City Coach Company 
with regard to authority to operate from the City of Lincolnton over the 
highways over which the Queen City Coach Company has franchise rights. 
This the applicant did, and made an agreement in writing with the Queen 
City Coach Company which was filed with this office and by this reference 
is made a part of this order, and is approved by this Commission to the 
extent that it grants to the Central Bus Company, Incorporated, the right 
to use the highways over which the Queen City Coach Company has fran- 
chise rights for the time and as set forth in said contract, therefore 

It is ordered that the records of the office be so amended as to show 
the rights granted to the Central Bus Company under the contract and by 
the City of Lincolnton, and that certificate issue as a matter principally 
for tax record and to otherwise show compliance with the law. 

This the 14th day of July, 1942. 

NORTH CAROLINA UTILITIES COMMISSION 
R. O. Self, Chief Clerk. 
Docket No. 2654. 

CENTRAL MOTOR FREIGHT LINES, INC., APPLICATION TO RE- 
MOVE RESTRICTIONS FROM FRANCHISE CERTIFICATE, 

Order 

Whereas, the Central Motor Freight Lines, Inc., filed an application 
on June 19, 1939, for certain franchise rights between the cities of Raleigh 
and Charlotte via Asheboro over Highway No. 64 and Highways Nos. 62, 
52, and 27 via Albemarle, and whereas the Commission held a hearing 
on August 22, 1939, in connection with other cases, and issued franchise 
certificate No. 495, dated December 30, 1940, with the following restrictions: 



Decisions and Adjustments of Complaints 259 

"Central Motor Freight Lines will not handle any business originat- 
ing at Raleigh or Charlotte destined to the other point." 

"Central Motor Freight Lines will not handle any freight originat- 
ing beyond Charlotte or Raleigh destined beyond the other." 

"Central Motor Freight Lines as between Raleigh and Charlotte 
will be permitted to handle only such exchange freight as may be 
originated beyond such point and there exchanged for delivery at the 
other point or points intermediate between Pittsboro and Albemarle." 

"Central Motor Freight Lines will operate with closed doors 
between Charlotte and Albemarle." 

"Central Motor Freight Lines will operate with closed doors between 
Raleigh and Pittsboro;" and 

Whereas conditions have greatly changed since the issuance of this 
certificate with the restrictions therein, this applicant now claims that 
convenience and necessity demands the removal of said restrictions there- 
from, and prays the Commission in its application to cancel franchise 
certificate No. 495 with the aforesaid restrictions, and issue in lieu thereof 
a new certificate free of such restrictions. And, it is 

Ordered that all persons and carriers by motor vehicle who may be 
affected by said application are hereby notified that the Commission will 
hear the applicant which has been designated Docket 1635, and otherwise 
described as hereinbefore set forth, at 10:00 o'clock a.m. on June 30, 1941, 
in the office of the Commission in the City of Raleigh. 

This the 7th day of June, 1941. 

NORTH CAROLINA UTILITIES COMMISSION 

By: R. 0. Self, Chief Clerk. 
Docket No. 1635. 

APPLICATION TO REMOVE RESTRICTIONS IN ORDER DATED DE- 
CEMBER 4, 1939, BEING AN ORDER GRANTING CERTAIN FRAN- 
CHISE RIGHTS TO CENTRAL MOTOR FREIGHT LINES, INCOR- 
PORATED. 

Order 

Under date of December 4, 1939, Central Motor Freight Lines, Inc., then 
owned and controlled by Earl W. Cox, E. D. Cranford and T. Lynwood 
Smith, was granted franchise rights between the cities of Raleigh and 
Charlotte via Asheboro over Highway No. 64 and via New London and 
Albemarle over Highways Nos. 49, 49A, 52 and 27, said rights being subject 
to the following restrictions: 

1. "Central Motor Freight Lines will not handle any business originat- 
ing at Raleigh or Charlotte destined to the other point." 

2. "Central Motor Freight Lines will not handle any freight originat- 
ing beyond Charlotte or Raleigh destined beyond the other." 

3. "Central Motor Freight Lines as between Raleigh and Charlotte 
will be permitted to handle only such exchange freight as may be 
originated beyond such point and there exchanged for delivery at the 
other point or points intermediate between Pittsboro and Albemarle." 

4. "Central Motor Freight Lines will operate with closed doors 
between Charlotte and Albemarle." 

5. "Central Motor Freight Lines will operate with closed doors 
between Raleigh and Pittsboro." 



260 N. C. Utilities Commission 

Thereafter, said Cox, Cranford, and Smith sold and transferred their 
interests in said corporation to Arch Honbarrier, who files the petition in 
this cause, complaining of said restrictions on the grounds that public con- 
venience and necessity now require modification or removal of the same, 
which said petition, after due notice and advertisement, came on for hear- 
ing before Commissioner Hunter of the 30th day of June, 1941. 

Appearances : 

For the Applicant: 

Lynwood Smith, Asheboro, N. C. 
Willis Smith, Raleigh, N. C. 

For the Protestants: 

I. M. Bailey, Raleigh, N. C, for Helms Motor Express. 
Ruark & Ruark, Raleigh, N. C, for Thurston Motor Line, Helms 
Motor Express, Fredrickson Motor Express, Motor Transit Co., 
Great Southern Trucking Co. 
Simms & Simms, Raleigh, N. C, for Norfolk Southern Railroad. 

Hunter, Commissioner: It appears from the testimony in this cause 
that business conditions have materially improved within the last eighteen 
months in the area served by the Central Motor Freight Lines, Inc., and 
that additional freight service is now required between Raleigh and Char- 
lotte and points beyond said cities; that freight moving by motor vehicle 
from Raleigh to Charlotte and from Charlotte to Raleigh and from points 
east and west via said cities has greatly increased, and to the extent that 
the same is not now being transported and delivered as expeditiously as 
public convenience and necessity require; that an ever increasing amount 
of freight is now moving from Charlotte to Raleigh and vice versa by 
routes leading through Fayetteville, Sanford and Greensboro, resulting in 
greater congestion of the highways, and particularly the highways leading 
through Greensboro, than considerations of safety and convenience justify; 
that the highways over which the Central Motor Freight Lines, Inc., now 
operates between said cities of Raleigh and Charlotte, to-wit. Highways 
Nos. 64, 49, 49-A, 52 and 27, traverse a less congested area of the State, 
and is a shorter route between said cities than that now traversed by any 
other existing motor vehicle franchise carrier, has promise of relief for 
the more congested highways, and that the best interest of the public 
will be promoted, and without any appreciable loss of business to other 
freight carriers, by removing said restrictions numbered 1, 2, and 3. It 
is, therefore. 

Ordered: 1. That said restrictions numbered 1, 2 and 3, applicable to 
the Central Motor Freight Lines, Inc., as set out in the order of the 
Commission dated December 4, 1939, Docket No. 1635, be and the same are 
hereby annulled, vacated and stricken out, leaving, however, in full force 
and effect the following restrictions, as set out in said order: 

4. "Central Motor Lines will operate with closed doors between 
Charlotte and Albemarle." 

5. "Central Motor Freight Lines will operate with closed doors 
between Raleigh and Pittsboro." 



Decisions and Adjustments of Complaints 261 

2. That this order shall become effective and the franchise certificate of 
Central Motor Freight Lines, Inc., amended accordingly upon compliance 
with the prerequisites set out in the Statute. 
This 6th day of August, 1941. 

Stanley Winborne, Chairman 
Harry Tucker, Commissioner 
Fred C. Hunter, Commissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 1635. 

APPLICATION TO REMOVE RESTRICTIONS IN ORDER DATED DE- 
CEMBER 4, 1939, BEING AN ORDER GRANTING CERTAIN FRAN- 
CHISE RIGHTS TO CENTRAL MOTOR FREIGHT LINES, INCOR- 
PORATED. 

Final Order 
Appearances : 

For the Applicant: 

Lynwood Smith, Asheboro, N. C. 
Willie Smith, Raleigh, N. C. 

For the Protestants: 

I. M. Bailey, Raleigh, N. C, for Helms Motor Express. 

Ruark & Ruark, Raleigh, N. C, for Thurston Motor Lines, Helms 

Motor Express, Fredrickson Motor Express, Motor Transit Co., 

Great Southern Trucking Co. 
Simms & S'imms, Raleigh, N. C, for Norfolk Southern Railroad. 

By the Commission: 

This cause comes on for further hearing before the full Commission on 
exceptions appearing in the record to the findings and order made on the 
6th day of August, 1941, by Hunter, Commissioner, acting as Hearing Com- 
missioner wherein certain restrictions imposed on the Central Motor Freight 
Lines, Inc., were removed. At the close of the argument on said exceptions, 
counsel for Helms Motor Express moved the Commission to instruct the 
applicant that it had no right to operate until the order of the Commission 
became effective and operative. 

Upon consideration of all matters presented by said exceptions and the 
argument of counsel for the respective parties, the full Commission finds 
the facts to be as set out in the report of the hearing Commissioner, and 
further finds that the order thereon is fully warranted and supported by the 
facts found. In addition to the facts deduced from the testimony and 
found by the hearing Commissioner the findings and order are further amply 
supported by facts well known and long recognized by the Commission that 
movements of freight between the cities of Charlotte and Raleigh have so 
increased that it is now imperative that the route under consideration be 
made available for shipments of freight between said cities. In this con- 
nection it is pertinent to observe that the restrictions heretofore imposed 
upon carriers now operating over the route in question were imposed by 



262 N. C. Utilities Commission 

the Commission at the instance of the parties to this cause, and that this 
Commission in permitting said restrictions fortified itself against this day 
in the following language, which appears in the opinion: 

"It has been the Commission's policy, and still is, that existing 
operators should be protected from unfair and destructive competition 
and that too many operators are not in the public interest, but this 
does not mean that North Carolina has reached the saturation point in 
motor carrier development. North Carolina is a rapidly growing state, 
and when new highways are constructed between important points 
making more direct communication and making it possible for more 
expedient movement of both passengers and freight, the public cannot 
be denied these advantages." (N. C. U. C. 1939-1940, at Page 177.) 

It is therefore 
ORDERED, (1) that the exceptions to the findings and order made in 
this cause on the 6th day of August, 1941, be and the same are hereby 
overruled and said findings and order are hereby in all respects approved 
and confirmed, and by reference thereto are adopted and made the findings 
and the order of the full Commission. 

(2) That the motion made by Helms Motor Express that the applicant 
be instructed that it has no right to operate until the order of the Com- 
mission becomes effective and operative be and the same is hereby denied, 
disallowed, and dismissed. 

This the 11th day of September, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 1635. 

IN RE: LEASE AND/OR SALE OF CENTRAL MOTOR FREIGHT LINES, 
INC., TO PIEDMONT TRUCKING COMPANY. 

Order 

Whereas, there has been presented to and filed with this Commission 
an agreement entered into by the Central Motor Freight Lines, Inc., party 
of the first part, and W. Clyde Lucas, Pearlie M. Lucas, and A. B. Cox, 
trading and doing business as Piedmont Trucking Company, of Randolph 
County, North Carolina, party of the second part; and whereas, in said 
agreement it is provided that the party of the first part agrees to lease 
to the party of the second part for a period of years set out in said agree- 
ment and also to sell to said party of the second part, upon certain condi- 
tions also set out in said agreement if the party of the second part desires 
to purchase; and whereas, it is made to appear to the Commission that 
the reason for the sale is that Archie L. Honbarrier, President of the 
Central Motor Freight Lines, Inc., has been called and will soon be inducted 
into the U. S. Army; and whereas, both the party of the first part and 
party of the second part ask that said agreement to lease and possibly to 
sell be approved by this Commission; and whereas, the Commission finds as 
a fact that the lessee is well qualified and financially able to continue the 
service. 



Decisions and Adjustments of Complaints 263 

It is now ordered: 

1. That the said lease agreement, dated February 23, 1942, and filed with 
this Commission be and the same is hereby approved. 

2. That there be entered upon the franchise certificate, dated December 
30, 1940, issued by this Commission to the Central Motor Freight Lines, 
Inc., the following: This certificate and all the rights herein contained has 
been leased with the approval of this Commission to the Piedmont Trucking 
Company, Inc., for a period of time set out in a certain lease agreement 
dated February 23, 1942, and on file with this Commission, and 

3. That if said option to purchase is exercised upon the conditions set 
out in said agreement of February 23, 1942, then a new certificate shall be 
issued and the certificate now outstanding to the Central Motor Freight 
Lines, Inc., shall be cancelled. 

This the 24th day of February, 1942. 

Stanley Winborne, Chairman 
Docket No. 2544. Fred C. Hunter, Commissioner. 



APPLICATION OF CITY COACH COMPANY FOR REHEARING AND 
REINSTATEMENT OF DOCKET NO. 827, WHICH WAS AN APPLICA- 
TION FOR FRANCHISE CERTIFICATE TO OPERATE AS' MVC OF 
PASSENGERS FROM BUS STATION TO GASTONIA TO RIDGE VIA 
U. S. HIGHWAY NO. 321 VIA WINGATE MILLS, MYERS MILL, PINK- 
NEY AND HANOVER. THIS APPLICATION WAS' HEARD AND 
FRANCHISE CERTIFICATE AMENDED APRIL 23, 1938, BUT WAS 
NOT OPERATED ON WITHIN THE TIME PROVIDED BY LAW, 
WHICH AUTOMATICALLY CANCELLED THE AUTHORITY GRANT- 
ED ON APRIL 23, AND PETITION IS FOR REINSTATEMENT. 
Docket No. 827. 

APPLICATION OF CITY COACH COMPANY TO EXTEND ITS OPERA- 
TION FROM GASTONIA TO VICTORY MILL, VIA BROAD ST. TO 
GASTONIA COMBED YARN CORPORATION, THENCE VIA FIFTH 
AVE. FOR ONE BLOCK TO MARIETTA ST. AND MARIETTA ST. 
EXTENSION TO SEMINOLE AND OSCEOLA MILLS, THENCE VIA 
AN UNNAMED HARD-SURFACED STREET OR HIGHWAY TO 
VICTORY MILL. Docket No. 827-A. 

APPLICATION OF CITY COACH COMPANY FOR FRANCHISE CER- 
TIFICATE TO OPERATE AS MVC OF PASSENGERS FROM BUS 
STATION TO GASTONIA TO MYRTLE MILLS VIA FRANKLIN AVE. 
AND STATE HIGHWAY NO. 20. Docket No. 1007. 

Order 
Appearances: 
Applicant: 

Basil Whitener, Gastonia, N. C. 
A. C. Jones, Gastonia, N. C. 
Protestants : 

James Mullen & J. Caswell Taylor, Gastonia Taxicab Association, 
Gastonia, N. C. 



264 N. C. Utilities Commission 

WiNBORNE, Chairman. 

The above captioned cases were consolidated and heard together by Com- 
missioners Winborne and Hunter on March 30, 1942, in the Hearing Room 
of the Utilities Commission in the City of Raleigh. 

The application, as set out in Docket No. 827, was previously heard by 
this Commission and granted on April 23, 1938, but the authorized opera- 
tion was never begun, and therefore, under the law, was automatically can- 
celled and in this Docket No. 827 authority is asked for reinstatement of 
the rights lost by non-user. Docket No. 827-A and Docket No. 1007 are 
entirely new applications. All three of these Dockets pertain to operations 
beginning within the City of Gastonia and extending over various streets, 
and then over highways beyond the corporate limits, as set out in the 
applications. 

It is unnecessary to go into any discussion of the record, for the reason 
that at the time of the hearing the Commission was notified that the 
Gastonia Transit Company, Inc., had made an application to the City of 
Gastonia for franchise within the City of Gastonia over the same streets 
and others which were involved in the instant applications, and at the 
conclusion of the hearing the Commission notified the City Coach Company, 
applicant herein, that it would make no order in these cases until it was 
advised of the action of the city authorities of Gastonia. Since said time, the 
Commission has been furnished by franchise ordinance adopted by the city 
council of Gastonia, on April 13, 1942, duly certified by Mr. J. L. Kendrick, 
Clerk of the Council, on April 27, 1942, in which the City of Gastonia grants 
to the Gastonia Transit Company, Inc., a franchise to operate over various 
streets within the City of Gastonia, which include the same streets involved 
in the application of the City Coach Company. When the application of the 
Gastonia Transit Company, Inc., was heard by this Commission on its 
application filed on the 27th day of April, 1942, it was made to appear by 
competent testimony that the application of the City Coach Company and 
that of the Gastonia Transit Company, Inc., were heard by the city council 
of Gastonia at the same time and that the application of the City Coach 
Company for an intracity franchise was refused. 

Wherefore it is ordered, that the application of the City Coach Company 
in Dockets Nos. 827, 827-A and 1007 be and the same are hereby dismissed, 
but the dismissal of these applications will in no way affect the franchise 
of the City Coach Company previously granted to it by this Commission 
to operate as motor vehicle carrier from Cramerton north across Route No. 
20 to McAdensville and Lowell, including Spencer Mountain Highway to 
Priscilla Mills and back to Gastonia over Highway No. 29. 

This the 2nd day of June, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Comviissioner 
R. G. Johnson, Commissioner. 

R. 0. Self, Chief Clerk. 
Dockets Nos. 827, 827-A and 1007. 



Decisions and Adjustments of Complaints 265 

APPLICATION OF D. T. RAMSEY d/b/a COLONIAL BUS LINES OF 
CHARLESTON, S. C, TO OPERATE FROM ROCKY MOUNT, RED 
OAK, NASHVILLE, OVER N. C. HIGHWAY NO. 56 VIA 58, THENCE 
TO LOUISBURG AND CREEDMOOR TO CAMP BUTNER AND 
RETURN. 

Order 

The application of D. T. Ramsey d/b/a Colonial Bus Lines of Charleston, 
S. C, for franchise certificates to operate motor vehicles for the transpor- 
tation of passengers over the highways and between the points set out 
below before Commissioners Hunter and Johnson. D. T. Ramsey d/b/a 
Colounial Bus Lines by application filed March 3, 1942, seeks a certificate 
of public convenience and necessity authorizing the operation of motor 
vehicles for transportation of passengers over the highways between the 
points as follows: 

(A) From Rocky Mount to Red Oak via N. C. Highway No. 43. 

(B) Red Oak to Nashville by unnumbered highway. 

(C) Nashville to junction of N. C. Highway No. 56 via N. C. Highway 
No. 58, thence to Louisburg and Creedmoor via N. C. Highway No. 56. 

(D) From Creedmoor to Camp Butner via highways to be constructed 
from Creedmoor to the camp and return over same routes. 

Appearances: 

Applicant: Ruark & Ruark, Raleigh, N. C. 

Protestants: Arch T. Allen, Raleigh, N. C, Carolina Coach Co.; 

Bailey, Lassiter & Wyatt, Raleigh, N. C, Atlantic Greyhound Corp.; 

J. C. B. Ehringhaus, Sr., Raleigh, N. C, Atlantic Greyhound Corp. ; 

Marshall T. Spears & Victor Bryant, Durham, N. C, Durham Transporta- 
tion Corp. 

Johnson, Commissioner: This application results from the great increase 
of travel between Rocky Mount and Camp Butner via Red Oak, Nashville, 
Louisburg, Franklinton and Creedmoor, since the beginning of defense 
activities at Camp Butner. In addition to the demand for regular passenger 
service along this route several witnesses testified that the granting of the 
application would result in considerable benefit and convenience to those 
workers now employed at Camp Butner and to many others who are 
unable at the present time to accept employment due to the fact that 
there is not available transportation to take them to Camp Butner and 
return. The granting of the present application would effect a decrease 
in operating distance between Rocky Mount and Camp Butner of approxi- 
mately seventeen miles compared with the shortest available bus route. 
There will be much greater reduction in operating time. 

Since the granting of this application is clearly in the interest of 
public convenience and necessity, and the protestants did not show sufficient 
reason why the application should not be granted, it is, therefore, 

Ordered that the application of D. T. Ramsey d/b/a Colonial Bus Lines 
for franchise rights for transporting passengers and to operate motor 
vehicles over the highways and between the points designated above, be, 



266 N. C. Utilities Commission 

and the same are hereby granted when and if the applicant has otherwise 
complied with the law by filing equipment specification and insurance. 
This 24th day of April, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2551. 



APPLICATION OF D. T. RAMSEY d/b/a COLONIAL BUS LINES 
OF CHARLESTON, S. C, TO OPERATE FROM ROCKY MOUNT, 
RED OAK, NASHVILLE, OVER N. C. HIGHWAY NO. 56 VIA N. C. 
HIGHWAY NO. 58, THENCE TO LOUISBURG AND CREEDMOOR 
TO CAMP BUTNER AND RETURN. 

Order 

The application of D. T. Ramsey d/b/a Colonial Bus Lines of Charleston, 
S. C, for franchise certificate to operate motor vehicles for the transporta- 
tion of passengers over the highways and between the points set out below 
before Commissioners Hunter and Johnson. D. T. Ramsey d/b/a Colonial 
Bus Lines by application filed March 3, 1942, seeks a certificate of public 
convenience and necessity authorizing the operation of motor vehicles for 
transportation of passengers over the highways between the points as 
follows : 

(A) From Rocky Mount to Red Oak via N. C. Highway No. 43. 

(B) Red Oak to Nashville by unnumbered highway. 

(C) Nashville to junction of N. C. Highway No. 56 via N. C. Highway 
No. 58, thence to Louisburg and Creedmoor via N. C. Highway No. 56. 

(D) From Creedmoor to Camp Butner via highways to be constructed 
from Creedmoor to the camp and return over same routes. 

Appearances : 
Applicant: 

Ruark & Ruark, Raleigh, N. C. 
Protestants : 

Arch T. Allen, Raleigh, N. C, Carolina Coach Co. 

Bailey, Lassiter & Wyatt, Raleigh, N. C, Atlantic Greyhound Corp. 

J. C. B. Ehringhaus, Sr., Raleigh, N. C, Atlantic Greyhound Corp. 

Marshall T. Spears and Victor Bryant, Durham, N. C, Durham 

Transportation Corp, 

Johnson, Commissioner: This application results from the great increase 

of travel between Rocky Mount and Camp Butner via Red Oak, Nashville, 

Louisburg, Franklinton and Creedmoor, since the beginning of defense 

activities at Camp Butner. In addition to the demand for regular passenger 

service along this route several witnesses testified that the granting of 

the application would result in considerable benefit and convenience to those 

workers now employed at Camp Butner and to many others who are 

unable at the present time to accept employment due to the fact that 



Decisions and Adjustments of Complaints 267 

there is not available transportation to take them to Camp Butner and 
return. The granting of the present application would effect a decrease 
in operating distance between Rocky Mount and Camp Butner of approxi- 
mately seventeen miles compared with the shortest available bus route. 
There will be much greater reduction in operating time. 

Since the granting of this application is clearly in the interest of public 
convenience and necessity, and the protestants did not show sufficient 
reason why the application should not be granted, it is, therefore. 

Ordered that the application of D. T. Ramsey d/b/a Colonial Bus Line 
for franchise rights for transporting passengers and to operate motor 
vehicles over the highways and between the points designated above, be, 
and the same are hereby granted when and if the applicant has otherwise 
complied with the law by filing equipment specification and insurance. 

This 24th day of April, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Docket No. 2551. 

APPLICATION OF D. T. RAMSEY, t/a COLONIAL BUS LINES, OF 
CHARLESTON, S. C, TO OPERATE FROM ROCKY MOUNT, RED 
OAK, NASHVILLE, OVER N. C. HIGHWAY NO. 56 VIA HIGHWAY 
NO. 58, THENCE TO LOUISBURG AND CREEDMOOR TO CAMP 
BUTNER AND RETURN. 

Order Overruling Exceptions 

This cause now comes before the Full Commission upon exceptions filed to 
the order made herein on the 24th day of April, 1942. 

Upon careful consideration of said exceptions and each of them, the 
same are hereby overruled. 
This 9th day of June, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Comm,issioner 
R. G. Johnson, Commissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2551. 

COLONIAL MOTOR FREIGHT LINES. IN THE MATTER OF TEM- 
PORARY ORDER IN DOCKET NO. 1316. 

Whereas, the Colonial Motor Freight Lines has made application to 
this Commission for a franchise certificate over thirty different routes in 
intrastate operation in the State of North Carolina, and 

Whereas, the applicant's case has been heard in part, yet it has been 
impossible, after an expiration of a period of months, for the Commission 
to conclude the hearings because of the great number of witnesses being 



268 N. C. Utilities Commission 

presented by the applicant and the opposition being offered by the respond- 
ents, and 

Whereas, the Federal Emergency Defense Program has come upon us 
and has appreciably increased the necessity for additional truck service 
between several of our cities, and 

Whereas, the Commission has been approached by the supply and trans- 
portation officials of the Defense Program at Fort Bragg and other 
adjacent Army Camps for additional transportation facilities; and Ashe- 
boro, High Point, Winston-Salem, and Greensboro being three of the points 
from which much supplies must be concentrated and transported to Fort 
Bragg and Fayetteville, and 

Whereas, this Commission being desirous of extending the greatest possible 
aid, within its power, needed by the Government in connection with these 
Army Camps, and 

Whereas, the Colonial Motor Freight Lines having made application to 
operate a line between Winston-Salem and High Point over U. S. Highway 
No. 311; between Greensboro and High Point over U. S. Highway No. 70; 
between Asheboro and High Point over U. S. Highways Nos. 311 and 220, 
with Randleman as an off route point; and between High Point and Fay- 
etteville over N. C. Highway No. 62 to Julian, U. S. Highway No. 421 to 
Jonesboro and N. C. Highway No. 87 to Fayetteville, this Commission is 
of the opinion that this part of the application of the Colonial Motor 
Freight Lines as outlined above should be granted temporarily, for the 
purpose of meeting the emergency referred to above, and 

Whereas, a representative of the Colonial Motor Freight Lines, of High 
Point, has called this office for permission to transport emergency ship- 
ments to Fort Bragg on several occasions, and as High Point appears to be 
a point where it is expedient and convenient to concentrate goods for 
shipment to Fort Bragg and Fayetteville, it is, therefore 

Ordered, that the Colonial Motor Freight Lines be, and it is hereby 
granted authority temporarily to transport goods billed for delivery to Fort 
Bragg and Fayetteville between Winston-Salem and High Point over U. S. 
Highway No. 311; between Greensboro and High Point over U. S. Highway 
No. 70; between Asheboro and High Point over U. S. Highways Nos. 
311 and 220, with Randleman as an off route point; and between High Point 
and Fayetteville over N. C. Highway No. 62 to Julian, U. S. 421 to Jones- 
boro, and N. C. 87 to Fayetteville, and return, for a temporary period, to be 
revoked by this Commission at will and without notice, and it is 

Further ordered, that under no circumstances shall this temporary 
authority extend beyond the duration of the Federal Defense Program, unless 
further ordered. 

This the 30th day of January, 1941. 



Stanley Winborne, Commissioner. 



By Order of the Commissioner: 

R. O. Self, Chief Clerk. 
Docket No. 1316. 



Decisions and Adjustments of Complaints 269 

APPLICATION OF COLONIAL MOTOR FREIGHT LINES FOR FRAN- 
CHISE TO OPERATE INTRASTATE FROM CHARLOTTE TO HIGH 
POINT, GREENSBORO, BURLINGTON, RALEIGH, SMITHFIELD, 
GOLDSBORO, KINSTON, NEW BERN, BEAUFORT, ET CETERA. 

Interlocutory Ruling 

At the conclusion of the direct examination of the applicant's witness 
Aldridge, the protestants asked that the hearing be postponed and that 
the Commission require that the applicant furnish the protestants with 
the following information: 

1. A detailed financial statement and balance sheet as of October 
31, 1940; 

2. A detailed list of equipment; 

3. A statement showing the volume of traffic of May, June, Sep- 
tember and October, 1940, intrastate, showing date of shipment, origin 
and destination, commodity and volume or weight and by what route 
carried 

4. A statement showing physical operation of trucks with respect 
to shipments referred to in paragraph 3, and 

5. Truck logs for the same months as the shipment records. 

The applicant agreed to furnish this information to the Commission with 
the understanding that the Commission go over same and delete therefrom 
certain confidential information concerning the operation of the petitioner's 
business which the Commission might conclude would be unfair to submit 
to a competitor. 

The foregoing information was filed with the Commission on June 2, 1941, 
and has been fully examined by the Commission. 

The Commission finds that there is nothing contained in the detailed 
financial statement and balance sheet nor in the detailed list of equipment 
which would be in any way unduly prejudicial to the rights of the appli- 
cant, and the Chief Clerk of this Commission is directed to furnish same 
to the attorneys of record for the protestants. 

Upon an examination of the statement showing the volume of traffic 
intrastate, the origin and destination of said shipments and by what routes 
carried, the Commission finds that the major part of said shipments are 
interstate shipments and that the few shipments shown thereon which 
appear to be intrastate are of negligible importance and could only be used 
as some evidence in a proceeding against the petitioner in which it were 
charged that the petitioner was operating intrastate without authority. 
This Commission is advised that there is now pending in the Superior Court 
of Wake County such an action and it is further advised that, as a matter 
of law, the Statute provides a way whereby the petitioner can be examined 
before the Clerk of the Court and all such pertinent facts, if any, concern- 
ing such shipments ascertained. 

The Commission is further of the opinion that since the only question 
before it is as to whether the petitioner can show convenience and neces- 
sity for the franchise prayed for, that it would be improper to require 
the petitioner to supply evidence of past operations which would not be 
determinative of the issue of convenience and necessity upon which the 
Commission is asked to pass; 



270 N. C. Utilities Commission 

And therefore, that part of the information furnished listed under 
3, 4, and 5 which is interrelated, the Commission will not require the 
petitioner to furnish to the protestants. 
This the 7th day of June, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Covimissioner 
Harry Tucker, Commissioner. 

By Order of the Utilities Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 1316. 



APPLICATION OF COLONIAL MOTOR FREIGHT LINE FOR FRAN- 
CHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER 
OF FREIGHT FROM CHARLOTTE TO BEAUFORT OVER U. S. HIGH- 
WAYS NOS. 29 AND 29A TO GREENSBORO; THENCE OVER HIGH- 
WAYS NOS. 70 AND 70A TO MOREHEAD CITY AND RETURN. 

Order 

The original application in this case involved some thirty routes covering 
a large portion of the State. The hearing upon the application was begun 
on November 25, 1940, before Commissioner Stanley Winborne and Asso- 
ciate Commissioner Frank W. Hanft. This portion of the hearing consumed 
two and one-half days and was taken up almost entirely in an examination 
of Mr. U. Aldridge, Traffic Manager for the applicant company. There were 
some twenty protestants to the granting of the application as originally 
made. At the conclusion of the direct examination of witness Aldridge, 
some of the protestants asked that the applicant be required to furnish 
certain records of its interstate and intrastate operations. The hearing 
thereupon adjourned to some later date so that there would be an oppor- 
tunity for the necessary records to be compiled and furnished the protestants. 

The hearing was resumed on June 24, 1941, before Commissioners Tucker 
and Hunter. In the interim, the applicant had amended its application so as to 
eliminate twenty-nine of the thirty routes originally applied for, and leav- 
ing for consideration only the route from Charlotte to Greensboro to Raleigh 
to New Bern over U. S. Highways Nos. 29, 29A and 70. As a result, many 
of the protestants withdrew their objections to the application, and there 
were left only those who are listed below as protesting against the granting 
of the application. During the second hearing the Norfolk Southern Bus 
Corporation, Norfolk Southern Railroad Company, and the A. & E. C. Rail- 
road Company withdrew as protestants. 

The second hearing was continued through June 27, at which time the 
testimony of both the applicant and of all of the remaining protestants was 
completed. Oral argument was heard by the full Commission on October 
7, 1941. 

Appearances : 

For the Applicant: 

D. L. Ward, New Bern, N. C. 

Ehringhaus & Ehringhaus, Raleigh, N. C. 



Decisions and Adjustments of Complaints 271 

For the Protestants: 

I. M. Bailey, Raleigh, N. C, and Ruark & Ruark, Raleigh, N. C, 

for Motor Transit Co., Fredrickson Motor Express, Thurston 

Motor Lines, and Helms Motor Express. 
Simms & Simms, Raleigh, N. C, for Norfolk Southern Bus Corp., and 

Norfolk Southern Railroad. 
E. E. Young, Kinston, N. C, for A. & E. C. Railroad. 

Tucker, Commissioner: The Colonial Motor Freight Line operates 
interstate over a number of highway routes in North Carolina, one of 
which is the route applied for. On January 5, 1939, this company was issued 
by this Commission a restricted intrastate franchise covering the same 
route, and limited to "furniture, including unassembled furniture, finished 
or unfinished, crated or uncrated, and plate glass." The route specified 
was from High Point to New Bern over U. S. Highway No. 70. Since the 
granting of this restricted franchise, the applicant company has operated 
over this route both under interstate franchises and under the intrastate 
restricted franchise. The applicant now seeks unrestricted franchise rights 
to operate over this particular route and also, in addition, from Charlotte 
to High Point over U. S. Highways Nos. 29 and 29A. 

The route over which the applicant now seeks unrestricted franchise rights 
has frequently been called "The Main Street of North Carolina." Portions 
of it pass through the heart of the industrial section of the S'tate. There 
is a tremendous movement of freight from a portion of this section, par- 
ticularly that part between Charlotte and Greensboro, and the eastern 
section of the route. 

There are now three franchise operators on this route: Fredrickson 
Motor Express from Charlotte to Greensboro; the Motor Transit Company 
from Greensboro to Raleigh; and the Thurston Motor Lines (under Capital 
Coast Express franchise) from Raleigh to New Bern. The route applied 
for duplicates in its entirety portions of the routes of the three operators 
listed above. 

The applicant presented some twelve witnesses who gave testimony as 
to the need for a through service from Charlotte to New Bern over the 
route in question. In general, the testimony indicated that such a through 
operation was desired: (1) because of the greatly increased amount of 
motor freight moving from the Piedmont to the East; (2) because of the 
delays in shipment occasioned by using two or more franchise operators 
instead of a single operator; (3) because of the lack of competition between 
operators on this route, which according to some of the witnesses, results 
in inefficient service. 

Further testimony indicated that the applicant was financially able to 
render a satisfactory through service over the route applied for. Further- 
more, that, since it now has interstate rights over this route and also 
restricted intrastate rights, it could carry on an unrestricted intrastate 
business without greatly increasing the amount of equipment necessary for 
this purpose. However, if additional equipment is needed for the service, 
the applicant is prepared to make it available. 

The protestants base their arguments against the granting of the appli- 
cation on the following grounds: first, that there is no substantial delay in 



272 N. C. Utilities Commission 

the shipment of goods from the Piedmont section of North Carolina to the 
eastern part of the State; second, that the present franchise operators 
have the equipment and are otherwise financially able to handle all of the 
motor freight business along their particular franchise routes; third, 
that they will be greatly injured if a competing carrier is allowed to 
operate over their franchises. 

The evidence that was presented in this and other cases heard by the 
Commission clearly indicates that there is a need for more efficient motor 
freight transportation between the Piedmont and eastern sections of the 
State. The weight of the testimony has been so great that the Commission 
necessarily must take some action to secure the service that seems to be 
so badly needed. The question arises as to what means shall be adopted 
by which this more efficient service can be furnished. 

The several franchise operators could themselves establish a through 
truck operation over this route between Charlotte and New Bern, and 
thereby afford the particular type of service that seems to be needed by the 
public. However, there are numerous obstacles to the establishment of 
such a coordinated through operation. The through and efficient service 
can also be secured by granting a franchise to an operator for the entire 
route from Charlotte to New Bern. This should make it possible to secure 
efficient and more direct movement of motor vehicular freight between 
two widely separated sections of the State. If this second method is 
adopted, then necessarily the franchise routes of the present operators 
must be duplicated to some extent. 

The extent to which the Commission should authorize duplication of 
franchise routes is questionable. In this particular case, however, it would 
seem that the necessity of obtaining a through movement of motor vehicu- 
lar freight would require that the Commission permit the duplication of 
certain franchise routes. Otherwise, improved motor vehicular freight 
service could not be easily established, because of the limited extent of 
franchises that have already been granted. 

The provisions of Chapter 440 of the Public Law of 1935 seem to give 
to the Utilities Commission discretion as to when additional franchises 
over a particular route may be granted. It is true that the law provides, 
where service is unsatisfactory, the alternative of requiring the fran- 
chise operators to provide more efficient service before such duplications 
are authorized. If the service is not improved, then the Commission must 
grant additional franchises, which may duplicate existing routes. In the 
present case, the most efficient method of establishing the through service 
that is needed is to grant the rights applied for. 

The applicant company has indicated that what is desired is the privilege 
of establishing a through service between Charlotte and New Bern over 
the route applied for, and that if it is given this right it will furnish the 
type of service that is so essential for the movement of freight between 
the Piedmont and eastern sections of North Carolina. Therefore, it is 

Ordered: 1. That the application of the Colonial Motor Freight Line for 
franchise to operate as motor vehicle carrier of goods from Charlotte to 
Greensboro to Raleigh to New Bern, over U. S. Highways Nos. 29, 29A and 
70, and return, be and the same is hereby granted. For the purpose of this 



Decisions and Adjustments of Complaints 273 

order the route applied for will be divided into three sections as follows: 
western section, from Charlotte to Greensboro; central section, from 
Greensboro to Raleigh; eastern section, from Raleigh to New Bern. The 
application is granted upon the following conditions: 

(a) That said applicant company establish and operate a through motor 
vehicle freight service between Charlotte and New Bern over the route 
above set forth, and that it operate at least one round-trip schedule per 
day between Charlotte and New Bern without interchange or transfers 
from one vehicle to another. 

(b) That the said applicant, the Colonial Motor Freight Line, will not 
be permitted to operate locally in any one of the three sections as described 
above, but that its operation will consist only in the movement of goods 
from one section to another section. 

(c) That if the said applicant, the Colonial Motor Freight Line, shall 
intentionally violate the stipulations contained in (b) above, the rights 
granted it herein shall immediately be revoked. 

2. That certificate shall be issued to the Colonial Motor Freight Line, 
covering the route applied for and containing the conditions above stipu- 
lated, when said applicant has complied with the statutes and the rules 
and regulations of the Commission made thereunder. 

3. That this cause having been heard before less than the full Commis- 
sion, the findings and order herein made will become the findings and order 
of the full Commission at the expiration of ten days from the date hereof, 
unless exceptions are filed thereto within said period. 

This the 5th day of November, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 

R. 0. Self, Chief Clerk. 

Docket No. 1316. 



APPLICATION OF COLONIAL MOTOR FREIGHT LINE FOR FRAN- 
CHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE OF 
FREIGHT FROM CHARLOTTE TO BEAUFORT OVER U. S. HIGH- 
WAYS NOS. 29 AND 29-A TO GREENBORO; THENCE OVER HIGH- 
WAYS NOS. 70 AND 70-A TO MOREHEAD CITY AND RETURN. 

Order Overruling Exceptions 

This matter again comes before the Commission upon Exceptions filed 
November 13, 1941, by Motor Transit Company, Fredrickson Motor Express, 
Thurston Motor Lines and Helms Motor Express through their attorneys, 
Messrs. Ruark & Ruark and Messrs. Bailey, Lassiter & Wyatt, to the order 
of this Commission, dated November 5, 1941. 

Oral argument on the Exceptions was heard by the full Commission on 
this the 11th day of December, 1941, at which time the attorneys aforesaid 
represented the protestants and Messrs. Ehringhaus & Ehringhaus and 
Honorable D. L. Ward represented the applicant. 



274 N. C. Utilities Commission 

After a full consideration of each and all of the Exceptions filed and 
the arguments made by attorneys representing both protestants and appli- 
cant, this Commission is unanimously of the opinion that each and all of 
said Exceptions should be and the same are hereby overruled, disallowed 
and denied, with the exception of Exception 8, and as to Exception 8 the 
Commission amends and adds to its order of November 5, 1941, a specific 
finding that public convenience and necessity has been shown for the grant- 
ing of the franchise as set out in the Commission's order of November 5, 1941. 

This the 11th day of December, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 1316. 



APPLICATION OF COLONIAL MOTOR FREIGHT LINE TO OPERATE 
FROM WINSTON-SALEM TO HIGH POINT TO ARCHDALE, GLEN- 
OLA, SOPHIA AND ASHEBORO OVER U. S. HIGHWAY NO. 311. 

Order 
Before Commissioner Hunter. 

This is an application for motor vehicle franchise rights to transport 
property between Winston-Salem and Asheboro over U. S. Highway No. 
311 with off-route rights to Randleman. The cause came on for hearing on 
the 9th day of March, 1942. 

Appearances : 

For the Applicant: 

J. C. B. Ehringhaus, Jr., Raleigh, N. C. 
T. Linwood Smith, Asheboro, N. C. 

For the Protestants : 

Arch T. Allen, Raleigh, N. C, for Great Southern Trucking Company. 
Sam Ruark, Ruark and Ruark, Raleigh, N. C, for Motor Transit, 
Frederickson Motor Express, Inc., Helms Motor Express. 
Piedmont Trucking Company (by telephone). 

Hunter, Commissioner. The applicant, R. L. Honbarrier, at the time 
said application was filed operated as an intrastate carrier under the trade 
name of Colonial Motor Freight Lines. On or about January, 1, 1942, the 
Colonial Motor Freight Line, Inc., was organized and chartered under the 
laws of North Carolina, and now owns the operating rights and equip- 
ment and has assumed certain of the liabilities of said R. L. Honbarrier. 
The said corporation, of which said R. L. Honbarrier is President, asks 
that any rights granted herein be granted in the name of said corporation. 

Said corporation now operates under intrastate franchise rights from 
Charlotte to New Bern over U. S. Highways Nos. 29 and 70, and maintains 
its principal office at High Point. Its said intrastate rights were granted 
primarily to provide a direct daily service from the Piedmont section of the 



Decisions and Adjustments of Complaints 275 

State to points east of Raleigh, and it was not authorized, and is not now 
authorized, to engage in local business between Charlotte and Greensboro. 

The route covered by the present application is now served daily by 
motor vehicle franchise carriers, as follows: by Motor Transit Company 
from Winston-Salem to High Point and from Asheboro to Randleman; by 
Great Southern Trucking Company from High Point to Asheboro, with 
off -route service to Randleman; by Piedmont Trucking Company from 
Asheboro to Randleman to High Point. 

The application was supported by citizens and shippers from Winston- 
Salem, High Point, Randleman and Asheboro. The testimony of said 
shippers indicates a desire for additional service over the proposed route, 
for more convenient schedules and more speed in deliveries. It also appears 
that some of said shippers are not familiar with the transportation facili- 
ties now available, and that others knowing of said facilities do not use 
them. The testimony considered in its entirety does not warrant a finding 
of public convenience and necessity for the service proposed. It is, therefore. 

Ordered, (1) That the application in Docket No. 2447 be, and the same 
is hereby denied and dismissed. 

(2) That unless exceptions are filed to the findings and order herein 
within ten days from the date hereof the same will become effective as 
the findings and order of the full Commission. 

This the 6th day of May, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 2447. 



THIS CAUSE ARISES UPON THE APPLICATIONS OF P. GILMER, 
AGENT, d/b/a COMMUNITY TRANSIT LINES, OF WINSTON- 
SALEM, NORTH CAROLINA, AS FOLLOWS: 

Docket No. 2593. APPLICATION FOR A FRANCHISE TO OPERATE 
A PASSENGER BUS SERVICE FROM GREENSBORO, N. C, WEST 
MARKET STREET TO AYCOCK STREET TO LOVETTE STREET 
TO THE FREEMAN MILL ROAD; THEN THE FREEMAN MILL 
ROAD TO THE GROOMTOWN ROAD; THEN THE GROOMTOWN 
ROAD TO THE VILLAGE OF GROOMTOWN, N. C. 

Docket No. 2594. APPLICATION FOR A FRANCHISE TO OPERATE 
A PASSENGER BUS SERVICE FROM HIGH POINT, N. C, WASH- 
INGTON AVENUE TO RAILROAD BRIDGE, THEN HIGH STREET 
TO THE CITY LIMITS, THEN KIVITTE DRIVE TO THE INTER- 
SECTION OF THE JAMESTOWN ROAD, THEN THE JAMESTOWN 
ROAD TO OAKDALE, N. C. 

Docket No. 2595. APPLICATION FOR A FRANCHISE TO OPERATE 
A PASSENGER BUS SERVICE FROM KERNERSVILLE, N. C, 
CITY STREET TO BUNKER HILL ROAD, THEN BUNKER HILL 
ROAD TO THE HIGHWAY, NO. 311, THEN HIGHWAY NO. 331 



276 N. C. Utilities Commission 

TO THE CITY LIMITS OF HIGH POINT, THEN NORTH MAIN 
STREET TO THE CENTER OF TOWN. 

Docket No. 2596. APPLICATION FOR A FRANCHISE TO OPERATE 
A PASSENGER BUS SERVICE FROM GUILFORD STATION TO 
HIGHWAY NO. 421 TO HIGHWAY NO. 68 TO HIGHWAY NO. 150 
TO THE TOWN OF KERNERSVILLE, N. C. 

Docket No. 2597. APPLICATION FOR A FRANCHISE TO OPERATE 
A PASSENGER BUS SERVICE FROM WINSTON-SALEM, N. C, 
CHERRY STREET TO CHERRY STREET EXTENSION TO HIGH- 
WAY NO. 8 TO HIGHWAY NO. 65 TO HIGHWAY NO. 311 TO HIGH- 
WAY NO. 89 TO THE TOWN OF DANBURY, N. C, COUNTY SEAT 
OF STOKES COUNTY, FROM DANBURY TO LAWSONVILLE VIA 
HIGHWAY NO. 8 (OLD NO. 109). 

Docket No. 2598. APPLICATION FOR A FRANCHISE TO OPERATE 
A PASSENGER BUS SERVICE FROM WALKERTOWN, N. C, OVER 
HIGHWAY NO. 66 TO HIGHWAY NO. 421, THEN OVER HIGHWAY 
NO. 421 TO THE TOWN OF KERNERSVILLE, N. C. 

Docket No. 2599. APPLICATION FOR A FRANCHISE TO OPERATE 
A PASSENGER BUS SERVICE FROM WINSTON-SALEM, FIFTH 
STREET TO CLAREMONT AVENUE TO HIGHWAY NO. 311, HIGH- 
WAY NO. 311 TO THE TOWN OF WALKERTOWN, N. C. 

Docket No. 2600. APPLICATION FOR A FRANCHISE TO OPERATE 
A PASSENGER BUS SERVICE FROM WINSTON-SALEM, N. C, 
LIBERTY STREET TO PATTERSON AVENUE TO GLENN AVE- 
NUE TO INTERSECTION OF HIGHWAY NO. 52-A TO NEW OLD 
TOWN SCHOOL ROAD TO THE BETHANIA ROAD, THEN THE 
BETHANIA ROAD TO THE TOWN OF BETHANIA, N. C. 

FURTHER APPLICATION IS MADE TO SUBSTITUTE THE FOLLOW- 
ING ROUTE FOR THAT CONTAINED IN APPLICATION NO. 2600 
PENDING THE COMPLETION OF STREETS AND HIGHWAYS 
COVERED BY DOCKET NO. 2600: WINSTON-SALEM, N. C, CHER- 
RY STREET TO CHERRY STREET EXTENSION TO PINEY GROVE 
ROAD TO OLD TOWN ROAD TO HIGHWAY NO. 421 TO HIGHWAY 
NO. 67, THEN HIGHWAY NO. 67 TO OLD TOWN SCHOOL, THEN 
BETHANIA ROAD TO TOWN OF BETHANIA, N. C. 

Order 

These applications were made in order to supply service which has been 
eliminated by the automobile and tire rationing program. The communities 
to be served are thickly populated with employees of mills and manufactur- 
ing plants which have more contracts, and the Commission has received 
request from a great many people in the vicinity of these operations who 
are anxious for such service. 

The applications which affect Guilford County in the vicinity of High 
Point and Greensboro do not run over the Carolina Coach Company, the 
principal carrier in southern Guilford, and we are advised by the attorney 
for that Company that it has no objection to the applications operating from 



Decisions and Adjustments of Complaints 277 

Greensboro to Groomtown and from High Point to Oakdale Cotton Mills. 
The other applications are in the vicinity served by the Atlantic Greyhound 
Corporation, one of which runs over the Greyhound franchise lines for a 
distance of three miles between Guilford College and Friendship on High- 
way No. 421. Another application between Winston-Salem and High Point 
runs over the Greyhound a short distance outside of High Point. Wherever 
any of the other applications touch an existing franchise route, it is only 
for a short distance and it is thought that no competition will result from 
the granting of such applications. 

At the time the applications were filed, Mr. John L. Gilmer, a vice-president 
of the Atlantic Greyhound Corporation, was in the office and stated that 
he had written to the president of the Atlantic Greyhound Corporation with 
reference to his position on the applications in the vicinity of Winston-Salem, 
but no communication had been received by either Mr. John L. Gilmer 
or Mr. Powell Gilmer, the applicant. The Commission was advised by the 
applicant in these cases that the bus shortage is so acute that it is necessary 
for him to proceed to purchase some buses which he may have an opportunity 
to obtain and for that reason a postponement would probably be extremely 
detrimental. 

The Commission has investigated the applications, and having a general 
knowledge of the transportation situation in the State, is of the opinion 
that the granting of these applications is in the interest of the public 
and very greatly serves the convenience and necessity of employees of the 
manufacturing plants referred to, and finds this as a fact; and therefore 
it is 

Ordered, that the applications be granted as applied for and that certifi- 
cates to issue when the applicant has complied with the law by filing equip- 
ment specifications and evidence of public liability and property damage 
insurance for the duration of the war and not to exceed six months there- 
after, subject to the continuing right of the Commission to cancel for cause 
or consideration an application before the expiration of this authority for 
extension of the time limit herein; and it is further 

Ordered, that all of the foregoing order is issued subject to complaint 
and hearing in the event that the Greyhound Corporation should desire to 
be heard on any one of the lines because of the fact that this order is 
being issued without hearing. No intracity rights are granted herein. 

This the 7th day of April, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission: 

R. O. Self, Chief Clerk. 
Dockets Nos. 2593, 2594, 2595, 2596, 2597, 2598, 2599, 2600. 



278 N. C. Utilities Commission 

APPLICATION OF E. L. BOST, d/b/a CONCORD MOTOR COACH 
COMPANY, TO OPERATE FROM ROCKWELL ROAD TO JACKSON 
TRAINING SCHOOL OVER HIGHWAY NO. 29; AND 

PROTEST OF CAROLINA COACH COMPANY TO THE OPERATION 
OF E. L. BOST BETWEEN CONCORD AND KANNAPOLIS. 

Order 

This matter coming on to be heard before the Utilities Commission of 
North Carolina upon the Petition of E. L. Bost, doing business as Concord 
Motor Coach Company, and of Carolina Coach Company, and an agreement 
dated April 8, 1942, entered into by and between Carolina Coach Company 
and E. L. Bost, doing business as Concord Motor Coach Company, having 
been filed with the Commission, under the terms of which agreement the 
matters in controversy between E, L. Bost and Carolina Coach Company 
have been adjusted between the parties, and provision made for an inter- 
change of passengers between the parties to said agreement in Concord 
destined to and traveling from Kannapolis; and the Utilities Commission 
of North Carolina having considered said petition and agreement and it 
appearing that said agreement will promote harmony between the operators 
and more efR,cient service to the traveling public within the areas embraced 
therein ; 

Now, THEREFORE, it is ordered by the Commission: 

1. That the application of E. L. Bost designated as Docket No. 2507 be. 
and the same is hereby dismissed. 

2. That the protest filed by Carolina Coach Company to the operation 
of E. L. Bost between Concord and Kannapolis be, and the same is hereby 
dismissed. 

3. That the agreement of date April 8, 1942, entered into between Caro- 
lina Coach Company and E. L. Bost, doing business as Concord Motor 
Coach Company, an executed copy of which is on file with the Commission, 
be, and the same is hereby approved; and the parties thereto are authorized 
to begin operation under the terms of said agreement immediately upon 
approval by the Commission of public liability and property damage insur- 
ance to be filed with the Commission by said E. L. Bost. 

This 13th day of April, 1942, 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Covimissioner. 

By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2507. 



Decisions and Adjustments of Complaints 279 

APPLICATION OF DICKSON TRANSFER CO. TO OPERATE AS 
MOTOR VEHICLE CARRIER OF FREIGHT FROM CHARLOTTE 
TO GREENSBORO, SALISBURY, MOCKSVILLE, COOLEEMEE, 
LEXINGTON, AND WINSTON-SALEM. 

Order 

Before Commissioner Hunter. 

Dickson Transfer Company, Inc., applicant herein, seeks motor vehicle 
franchise rights to transport property over the highways and between the 
points described in the caption. The cause came on for hearing on the 
28th day of April, 1942. 

Appearances: 
Applicant: 

Geo. R. Uzzell & Walter H. Woodson, Salisbury, Dickson Transfer Co. 
Protestants : 

I. M. Bailey, Raleigh, for Fredrickson Motor Express and Motor 

Transit. 
Arch T. Allen, Raleigh, for Great Southern Trucking Co. 
Ehringhaus & Ehringhaus, Raleigh, for Colonial Motor Freight Line. 
W. C. Harris, Jr., Raleigh, for Lowther Trucking Co. 

Hunter, Commissioner: To obviate the repetition of testimony, particu- 
larly on the part of protestants, the application herein and the application 
of Lowther Trucking Company, Docket No. 1975, were heard at the same 
time. Counsel for the respective parties agreed that the testimony be 
considered in support of the application for which it was offered and in 
protest of the other application, and that the testimony offered by pro- 
testants be considered in opposition to both of said applications. 

The testimony tends to show that the applicant is one of the larger 
motor vehicle contract haulers of the State. It began business in October, 
1935, has expanded its business from year to year, and now moves approxi- 
mately 50,000 pounds of freight daily, eight-five per cent of which moves 
between points described in the application. Many large shippers from Char- 
lotte, Greensboro, Winston-Salem and other points along the proposed 
routes appeared at said hearing and testified to the effect that the applicant's 
service as a contract hauler had been and continues to be most satisfactory. 

The applicant now proposes to change its status from that of contract 
hauler to a franchise carrier. It contends that its reason for a change of 
status is to provide regular schedules to accommodate those it now serves 
as a contract hauler. It further contends that its present charge for service 
is substantially the same as that set out in the tariffs of franchise carriers, 
that as a franchise carrier, it will continue to serve the same parties and 
render the same service with the added accommodation of regular schedules, 
and that its change of status will not divert business from other carriers to 
any appreciable extent. 

Two intrastate franchise carriers now operate daily over the proposed 
route between Charlotte and Greensboro, one of whom operates over the 
proposed route from Lexington to Winston-Salem. Franchise carriers also 
serve the proposed route from Lexington to Mocksville and Cooleemee. The 



280 N. C. Utilities Commission 

protestants offered testimony to the effect that the service now rendered by 
franchise carriers along the proposed routes is reasonably adequate and 
satisfactory, and that their trucks are not now loaded to capacity. 

It appears from the testimony that the applicant is now rendering a very 
necessary and satisfactory service as a contract hauler, and that the further 
duplication of franchise rights involved in the proposed change of status is 
of doubtful propriety. That regular schedules by the applicant would be 
helpful to it and to those it serves was shown by the testimony, but under 
the law franchise rights can only be granted upon a showing of public 
convenience and necessity therefor. This the testimony does not show. It is, 
therefore, ordered: 

1. That the application of Dickson Transfer Company, Inc., in Docket No. 
2481, be and the same is hereby denied. 

2. That unless exceptions are filed to the findings and order herein within 
ten days from the date hereof the same will become effective as the 
findings and order of the full Commission. 

This the sixth day of May, 1942. 

Stanley "Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission: 
R. 0. Self, Chief Clerk. 

Docket No. 2481. 

PETITION OF THE DUKE POWER COMPANY FOR AUTHORITY 
TO FURNISH TEMPORARY PASSENGER BUS TRANSPORTATION 
SERVICE BETWEEN GREENSBORO AND SEDGEFIELD INN, 
HEADQUARTERS, FIRST TECHNICAL TRAINING COMMAND 
DISTRICT AIR CORPS. 

Order 

It appears that Duke Power Company has been asked by the Commanding 
General, Headquarters, First Technical Training Air Corps, located at 
Sedgefield Inn, Guilford County, to render bus transportation service between 
said Post and Greensboro, North Carolina, during the period of the location 
of said Post at Sedgefield Inn, the service requested and the reasons there- 
for being set forth in a letter from said Commanding General to Mr. 
E. C. Marshall, Vice-President of Duke Power Company, dated April 8th, 
1942, which is as follows: 

"Army Air Forces 

Headquarters First Technical Training Command District 

Greensboro, North Carolina 

April 8, 1942 
Mr. E. C. Marshall, Vice-President 
Duke Power Company 
Charlotte, North Carolina 

Dear Sir : 

As an emergency measure, you are hereby requested to give the following 
passenger bus transportation between Greensboro, North Carolina, and 
Sedgefield Inn, Headquarters, First Technical Training Command District 
Air Corps, during the period of the location of this Post, to wit: 



Decisions and Adjustments of Complaints 281 

1. The fare between the two above-mentioned communities not to 
be over ten cents with transfer to city limits. 

2. Bus service leaving the square at Greensboro at 7:30 a.m. and 
11:15 p.m. for the Post. 

3. Bus service leaving the Post at 5:30 p.m. and 7:30 p.m. for 
Greensboro. 

This is the headquarters for all the technical training installations on 
the eastern seaboard from Maine to Florida inclusive. We will initially 
have 200 or more persons at this Post who will be dependent upon this 
transportation, and later the number will be increased. You understand, 
of course, that this request contemplates the provisions of this transporta- 
tion only so long as this headquarters is located at Sedgefield. 

The expediency and the cooperation of your Company in solving this 
problem will be appreciated. 

While we realize your serious transportation problems, it is most impor- 
tant that our civilian personnel and enlisted personnel arrive to and from 
their homes to work by an assured transportation system. Your whole 
effort in this connection will be rendering an important service to this 
national emergency. 

Yours truly, 
. (Sd.) John C. McDonnell, 

Brigadier General, U. S. Army 
Commanding" 

Notice was served upon the Carolina Coach Company through its presi- 
dent, Mr. R. C. Hoffman, and its attorney, Mr. A. T. Allen, Jr., of Raleigh, 
N. C. After reading the application and correspondence in connection there- 
with, the Commission was advised that no protest would be made to the grant- 
ing of the application. President Hoffman advised that in the event the 
Duke Power Company found itself in need of additional equipment and it 
was at that time in the power of the Carolina Coach Company to do so, 
it would assist the Duke Power Company in any way possible to make this 
service satisfactory. President Hoffman requested that the applicant, the 
Duke Power Company, be required to confine its transportation of pas- 
sengers to persons in Greensboro and Sedgefield and not pick up passengers 
on Highway No. 70 between the two points. In compliance with this request, 
the Commission advised President Hoffman that the passengers carried would 
be confined to employees and enlisted personnel of the Army Air Forces 
located in the First Technical Training Command District, to which no 
objection was interposed. 

It appears that Duke Power Company, if authorized by this Commission, 
stands ready to render said service requested by the Commanding General 
of said Post and that said service will be in the promotion of the public 
interest and will not conflict with any existing service ; therefore, it is 

Ordered, that Duke Power Company be, and it hereby is, authorized 
to render the service requested in said letter during the period that 
said Post is located at Sedgefield Inn. 

This 15th day of April. 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, CoTnmissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Docket No. 2612. 



282 N. C. Utilities Commission 

APPLICATION OF EARL'S TRANSFER, OF ASHEBORO, TO OPER- 
ATE AS MOTOR VEHICLE CARRIER OF FREIGHT FROM: 1. 
ASHEBORO TO RANDLEMAN TO HIGH POINT OVER ROUTE 311; 

2. ASHEBORO TO LIBERTY TO BURLINGTON OVER ROUTE 49; 

3. ASHEBORO TO CANDOR TO ELLERBE TO ROCKINGHAM OVER 
ROUTE 200; ROCKINGHAM TO LAURINBURG OVER ROUTE 74; 
LAURINBURG TO ABERDEEN ON ROUTES 15 AND 501; ABER- 
DEEN TO PINEHURST TO WEST END TO CANDOR OVER ROUTE 
211; RETURN TO ASHEBORO OVER ROUTE 220. 

Order 

The application herein is for intrastate general commodity rights over 
the highways and to the points designated in the caption. 

Earl W. Cox, the applicant, resides at Asheboro, North Carolina. Said 
applicant was formerly one of the co-owners of the Central Motor Freight 
Lines with headquarters at Asheboro, and is now operating as Earl's 
Transfer in motor vehicle transportation of specified commodities to and 
from points in Virginia, South Carolina and Georgia under authority of the 
Interstate Commerce Commission, and also serves merchants and manufac- 
turers of Asheboro as a contract hauler. 

The hearing herein was commenced before Chairman Winborne on Feb- 
ruary 25, 1941, and resumed before the full Commission, consisting of 
Chairman Winborne and Commissioners Tucker and Hunter, on April 15, 
1941. During the interim the Norfolk Southern Railroad Company filed 
an application, Docket 2262, for motor vehicle franchise rights over certain 
highways and between points included in the present application, and the 
decision herein was deferred and made after hearing and considering both 
applications. 

Appearances : 

For the Applicant : 

Willis Smith, Raleigh, N. C. 
G. E. Miller, Asheboro, N. C. 

For the Protestants : 

Ruark & Ruark, Raleigh, N. C, for Motor Transit Co., Helms Motor 
Express, Miller Motor Express, P. & F. Motor Express, Great South- 
ern Trucking Co., Colonial Motor Freight Lines, Central Motor 
Freight Lines. 

Simms & Simms, Raleigh, N. C., C. H. Ware, Norfolk, Va., C. S. 
Allen, Raleigh, N. C, for Norfolk Southern Railroad Co. 

Hunter, Commissioner: It appears from the testimony that the present 
application involves duplications with other motor vehicle franchise carriers 
having general commodity rights, as follows: With the Motor Transit 
Company from Asheboro to Randleman; with the Great Southern Trucking 
Company from High Point to Biscoe; with Helms Motor Express from 
Biscoe to Aberdeen; with Miller Motor Express from Rockingham to 
Laurinburg; with P. & F. Motor Express from Rockingham to Laurin- 
burg, with the Seaboard Air Line Railway from Rockingham to Hamlet; 
that said duplications are relatively short links in the routes of carriers 
operating over large areas of the State, and cannot adversely affect the 



Decisions and Adjustments of Complaints 283 

franchise rights of said carriers, and that the duplications involved in this 
application, if grievous at all to existing carriers, are necessary to the 
further development of needed motor vehicle transportation in the area 
under consideration. 

It further appears from the testimony that manufacturers operating 
plants at Asheboro are daily receiving and shipping large quantities of 
raw materials and finished products over the routes and from and to the 
points named in the application; that one furniture manufacturer located 
at Asheboro now receives from 4,000 to 5,000 pounds of materials daily 
from High Point, and makes shipments of furniture to Rockingham, Laurin- 
burg and other points ; that other manufacturers, merchants and contractors 
located at Asheboro receive shipments of materials from Laurel Hill, 
Laurinburg, Burlington and other points on said proposed routes; that 
additional motor vehicle service is needed to and from Ulah, Seagrove 
and Biscoe. 

It further appears that firms along said routes are now using their 
own trucks in many instances, and using contract haulers, because of delays 
incident to the circuitous routes of existing franchise carriers, too frequent 
transfers from one carrier to another, and because of schedules timed 
to accommodate shippers at more lucrative points. 

It further appears from the testimony that the applicant is well and 
favorably known to the people along said proposed routes, knows the 
character of service required to meet their demands, having served them 
as a contract hauler, and has the energy, ability and requisites set out in 
the law, necessary to discharge the duties of a motor vehicle franchise 
carrier over the routes described in the application, and that public con- 
venience and necessity exists for the granting of said applications. It is, 
therefore, 

Ordered that application of Earl's Transfer to operate as motor vehicle 
carrier of freight from: 1. Asheboro to Randleman to High Point over 
Route 311; 2. Asheboro to Liberty to Burlington over Route 49; 3. Asheboro 
to Candor to Ellerbe to Rockingham over Route 220; Rockingham to 
Laurinburg over Route 74; Laurinburg to Aberdeen on Routes 15 and 
501; Aberdeen to Pinehurst to West End to Candor over Route 211; 
return to Asheboro over Route 220, be and the same is hereby granted, 
certificate to issue when the applicant has complied with the law by filing 
insurance and equipment specifications in accordance with the statutes and 
the rules and regulations of the Commission. 

The foregoing order is made without prejudice to the rights of the 
Commission to grant to the Norfolk Southern Railroad Company such 
franchise rights as its application in Docket 2262 may warrant. 

This 5th day of August, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Confmissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2157. 



284 N. C. Utilities Commission 

APPLICATION OF EARL'S TRANSFER, OF ASHEBORO, TO OPER- 
ATE AS MOTOR VEHICLE CARRIER OF FREIGHT FROM: 1. 
ASHEBORO TO RANDLEMAN TO HIGH POINT OVER ROUTE 311; 

2. ASHEBORO TO LIBERTY TO BURLINGTON OVER ROUTE 49; 

3. ASHEBORO TO CANDOR TO ELLERBE TO ROCKINGHAM OVER 
ROUTE 200; ROCKINGHAM TO LAURINBURG OVER ROUTE 74; 
LAURINBURG TO ABERDEEN ON ROUTES 15 AND 501; ABER- 
DEEN TO PINEHURST TO WEST END TO CANDOR OVER ROUTE 
211; RETURN TO ASHEBORO OVER ROUTE 220. 

Order 

Exceptions as appear of record in this cause having been filed by 
Helms Motor Express, P. & F. Motor Express, Inc., and Motor Transit 
Company, by Ruark and Ruark, their attorneys, to the findings and order 
made herein and having been carefully considered by the full Commis- 
sion, the same are hereby overruled. 

This the 26th day of September, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Docket No. 2157. 

APPLICATION OF GASTONIA TRANSIT COMPANY, INCORPO- 
RATED, TO OPERATE AS MOTOR VEHICLE CARRIER OF PAS- 
SENGERS FROM THE CORPORATE LIMITS OF GASTONIA ALONG 
N. C. HIGHWAY NO. 7 FROM GASTONIA TO MYRTLE MILL; TO 
SEMINOLE MILL TO VICTORY MILL ON YORK ROAD; TO ORTHO- 
PAEDIC HOSPITAL ON NEW HOPE ROAD; TO RIDGE MILL 
ALONG U. S. HIGHWAY NO. 321; THENCE ALONG CAROLINA 
AVENUE AND JACKSON ROAD TO YORK ROAD (U. S. HIGH- 
WAY NO. 321). 

Order 
Appearances : 
Applicant : 

L. B. Hollowell and R. G. Cherry, Attorneys, Gastonia, N. C, for 
Gastonia Transit Co., Inc. 
Protestants : 

Basil L. Whitener, Attorney, Gastonia, for City Coach Co. 
James Mullen, Attorney, Gastonia, for Gastonia Taxicab Asso., Inc. 
Winborne, Chairman. 

This case came on for hearing and was heard by the full Commission 
on May 13, 1942, in the Hearing Room of the Utilities Commission in the 
City of Raleigh. 

The applicant offered in evidence a certified copy of a franchise ordinance 
passed by the City of Gastonia on the 13th day of April, 1942, wherein 
the applicant, Gastonia Transit Company, Inc., was given a franchise to 



Decisions and Adjustments of Complaints 285 

operate city buses for the transportation of passengers over the following 
initial routes: 

Route No. 1. Gastonia to Myrtle Mill via Franklin Avenue to Gray- 
son's Curve, thence along N. C. Highway No. 7 to Myrtle Mill, and 
return along same route. 

Route No. 2. Gastonia to Victory Mill via Broad Street to Gastonia 
Combed Yarn Corporation, thence via Fifth Avenue for one block to 
Marietta Street, thence via Marietta Street to Marietta Street Exten- 
sion via Seminole Mill and Osceola Mill, and thence via an unnamed 
hard-surfaced highway to Victory Mill, and return on same route. 

Route No. 3. Gastonia to Orthopaedic Hospital via East Franklin 
Avenue to Belvedere Avenue, thence along Belvedere Avenue to Wilkin- 
son Boulevard to New Hope Road, thence along New Hope Road to 
Orthopaedic Hospital, and return along same route. 

Route No. 4. Gastonia to Ridge Mill via York Street to Third Avenue, 
thence along Third Avenue to Chester Street (U. S. Highway No. 321), 
thence along Chester Street to Seventh Avenue, thence along Seventh 
Avenue to York Street, thence along York Street to U. S. Highway No. 
321 to Ridge Mill, and return along same route. 

Route No. 5. Gastonia to Davidson Avenue via Dallas Street to Page 
Avenue, thence along Page Avenue to North York Street, thence along 
North York Street to Davidson Avenue, thence along Davidson to 
Marietta, and return along same route. 

Route No. 6. Over Airline Avenue via Gaston Avenue, Linwood 
Street, Carolina Avenue, Jackson Road to York Road, and return 
along same route. 

Route No. 5 appears to be entirely within the City of Gastonia. The 
other five routes are to the corporate limits and call for destinations 
beyond the corporate limits. The application under consideration asked for 
a franchise certificate from this Commission to operate from the corporate 
limits to various points listed in the application outside of the corporate 
limits of the City of Gastonia. 

In support of its application the Gastonia Transit Company, Inc., through 
its President, Joel W. Wright, and Boyce C. Dixon and others connected 
with the city government, offered testimony tending to prove that a com- 
plete survey had been made by the officials of Gastonia and civic organi- 
zations therein, and that it had been found as a result of these investiga- 
tions that thousands of mill employees in various parts of the city, as well 
as a large number of private citizens, were badly in need of public trans- 
portation facilities and that the service which the applicant proposed would 
best serve the needs of the public. A detailed statement of the number of 
mills, the number of employees at each mill, the location of various schools 
on the proposed routes and the number of pupils at each school, the loca- 
tion of churches and the membership of churches, the density of civilian 
population engaged in the mills on and adjacent to the proposed routes 
was testified to by the witness Dixon and is a part of the record in 
this case. It was not denied by any one that there was need for public 
transportation facilities. 

The protestant, City Coach Company, objected to the granting of a 
franchise to the applicant upon the ground that it had applied for a 
similar franchise, and contended that it was in a better position to give 
this needed service than the applicant. It further contended that it had 
already one franchise which it was now operating from the City of 



286 N. C. Utilities Commission 

Gastonia to Cramerton and Lowell, and that since its application had been 
filed prior to that of the applicant that it was entitled to a preference 
over the applicant. The City Coach Company admitted, however, that it 
had applied to the City of Gastonia for an intracity franchise and that 
its application had been heard by the council of the City of Gastonia at 
the same time as was heard the application of the Gastonia Transit 
Company, Inc., for an intracity franchise, and that after a full considera- 
tion by the city council, the application of the City Coach Company had 
been denied and that of the Gastonia Transit Company, Inc., had been 
granted. 

The protestant, the Gastonia Taxicab Association; Inc., objected to the 
granting of the franchise to either the applicant or the City Coach Com- 
pany if said franchise was to be used to prevent the operation of the 
taxicabs of its various members along the routes for which franchise was 
applied for. The said Gastonia Taxicab Association, Inc., contended that 
there was need for both bus and taxicab service and that the use of 
taxicabs by the public should not be eliminated by any franchise operator. 

The Commission is of the opinion and so finds as a fact: 

1. That convenience and necessity has been shown for the granting 
of a franchise from the corporate limits of Gastonia to the various 
points beyond the corporate limits asked for in the application. 

2. That a franchise should be granted to one operator only and that 
since the City of Gastonia, through its properly constituted authorities, 
has granted a franchise within the City to the Gastonia Transit Com- 
pany, Inc., that the same Company should be granted a franchise to 
serve points outside of the corporate limits; and 

3. That there is need for taxicab service, and that so long as the 
taxicabs operated by the Gastonia Taxicab Association, Inc., maintain 
a five cents higher differential in fares per person than does the 
Gastonia Transit Company, Inc., and refrains from cruising on the 
franchise routes of the Gastonia Transit Company, Inc., that the 
authority herein granted shall not be used to enjoin and restrain the 
operation of taxicabs of the Gastonia Taxicab Association, Inc., over 
the franchise routes of the Gastonia Transit Company, Inc. 

Wherefore it is ordered, that upon proper compliance with the rules 
and regulations of this Commission that a franchise certificate be issued 
to the Gastonia Transit Company, Inc., for the operation of motor vehicles 
for the transportation of passengers over the routes as set out in detail in 
the application and in the caption hereof, subject to the provision as to 
taxicab operation hereinbefore mentioned. 

This the 3rd day of June, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Coinmissioner. 

By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2641. 



Decisions and Adjustments op Complaints 287 

APPLICATION OF F. A. GREEN OF MONROE FOR FRANCHISE 
CERTIFICATE TO OPERATE AS PASSENGER MOTOR VEHICLE 
CARRIER FROM MONROE TO CONCORD OVER N. C. HIGHWAY 
NO. 151 AND FROM MONROE TO WAXHAW OVER N. C. HIGH- 
WAY NO. 74. 

Order 

The applicant in this cause seeks motor vehicle franchise rights to 
transport passengers over State Highway No. 151 between Concord and 
Monroe, North Carolina. The cause was heard on behalf of the applicant 
on the 18th day of August, 1941, and because of some doubt as to notice 
to certain carriers in the territory affected the cause was held open for 
protests until the 9th day of September, 1941, and said carriers so notified 
by the Commission. On said date opportunity was again offered for pro- 
tests, pursuant to said notice, and no protestants appeared. Chairman 
Winborne and Commissioner Tucker did not sit on the hearing. 

Appearances : 

Coble Fundeburke, Monroe, North Carolina, for applicant. 

Hunter, Commissioner: It appears from the testimony that said High- 
way No. 151 traverses densely populated sections of Cabarrus and Union 
Counties, and that said highway is the most direct route between Concord 
and Monroe, both of which said cities are thriving industrial centers, and 
are the county seats of their respective counties; that large numbers of 
people living along said highway are employed in either Concord or Monroe, 
and others frequently have occasion to go to said cities, most of whom 
would use the facilities offered by the applicant; that said highway is a 
modern hard surface highway and is not traversed at any point by any 
passenger franchise carrier, and that the proposed operations of the appli- 
cant would not, directly or indirectly, encroach upon the franchise rights 
of other carriers. 

The evidence clearly establishes the existence of public convenience and 
necessity for granting passenger franchise rights over said highway, and 
that the applicant is qualified in all particulars required by law to establish 
and maintain the service contemplated in his said application. It is therefore 

Ordered, (1) That the application of F. A. Green for motor vehicle 
franchise rights to transport passengers over State Highway No. 151 
between Concord and Monroe, North Carolina, be and the same is hereby 
granted, certificate to issue according to the practice of the Commission 
upon its approval of public liability and property damage insurance and 
equipment specifications when filed by the applicant. 

(2) That this cause having been heard before less than the full Com- 
mission, the findings and order herein made will become the findings and 
order of the full Commission at the expiration of ten days from the date 
hereof, unless exceptions are filed thereto within said period. 

This the 30th day of September, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, ComTnissioner 

By Order of the Commission: Harry Tucker, Commissioner. 

R. 0. Self, Chief Clerk. 

Docket No. 2356. 



288 N. C. Utilities Commission 

APPLICATION OF GILLIKIN BUS SERVICE FOR FRANCHISE CER- 
TIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER FROM 
ARENDALL STREET TO 28th STREET IN MOREHEAD CITY, 
ACROSS ATLANTIC BEACH BRIDGE OVER STATE HIGHWAY 
TO FORT MACON AND BACK TO BEACH HIGHWAY, AND FROM 
ATLANTIC BEACH TO SALTER'S PATH. 

Order 
Before Commissioner Johnson: 
Appearances : 
Applicant: 

J. W. Gillikin for Gillikin Bus Service. 
Protestants : 

D. L. Ward, New Bern, N. C, for Seashore Transportation Company. 
Leroy Guthrie, Morehead City, N. C. 
George W. Smith, Morehead City, N. C. 

Johnson, Commissioner: 

Hearing was called on the above application on the 19th day of August, 
1942, and the applicant, Gillikin Bus Service, made motion that they be 
allowed to withdraw the application. It is, therefore. 

Ordered that motion be allowed and the application is hereby dismissed. 
This the 4th day of September, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2301. 

APPLICATION OF GOLDSTON MOTOR EXPRESS OF SPRAY TO 
OPERATE FROM REIDSVILLE TO BURLINGTON VIA N. C. HIGH- 
WAY NO. 87 AND RETURN OVER SAME ROUTE. 

Order 
Before Commissioner Hunter: 
Appearances : 

For the Applicant: R. H. Stocks, Spray, N. C. 

J. M. Goldston, Spray, N. C. 
No Protestants. 
Hunter, Commissioner: After due notice this application for motor 
vehicle franchise rights to transport property over the route described in 
the caption came on for hearing on September 16, 1942. 

It appears from the testimony that the route in question is not now 
served by any intrastate motor vehicle carrier of property, and that a 
substantial number of shippers and receivers of freight desire, need and 
will use the proposed service. It further appears from the testimony that 
the applicant has operated over said route undei- a temporary permit 
for approximately ninety days next preceding the hearing, and that the 



Decisions and Adjustments of Complaints 289 

experience of the applicant during said period satisfies the Commission 
that public convenience and necessity exists for permanent operating rights 
over said route. It is, therefore, 

Ordered: That the application of J. M. Goldston t/a Goldston Motor 
Express for authority to transport property from Reidsville to Burlington 
over State Highway No. 87 and return, be and the same is hereby granted, 
and that the certificate of said applicant be amended accordingly upon 
presentation. 

This 16th day of September, 1942. 

Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 

By Order of the Commission: R. G. Johnson, Commissioner. 

R. 0. Self, Chief Clerk. 
Docket No. 2669. 

PETITION OF THE GREAT SOUTHERN TRUCKING CO. TO CANCEL 
THE FRANCHISE RIGHTS OF J. WESLEY LOWTHER, d/b/a LOW- 
THER TRUCKING CO. FROM MOORESVILLE TO WINSTON- 
SALEM, N. C, VIA N. C. HIGHWAY NO. 801 TO JUNCTION OF 
U. S. HIGHWAY NO. 601 TO MOCKSVILLE; THENCE U. S. HIGH- 
WAY NO. 158 TO WINSTON-SALEM, SERVING THE POINTS OF 
MOORESVILLE, MT. ULLA, BEAR POPLAR, BARBER, WOOD- 
LEAF, COOLEEMEE, MOCKSVILLE, CLEMMONS AND WINSTON- 
SALEM. 

Order 

Heard before full Commission. 

This application was received and set for hearing on September 24, 
1942, at 2:00 p.m. 

The petitioner was represented by Mr. Arch T. Allen, Attorney at Law, 
Raleigh, N. C. 

Mr. I. M. Bailey, Attorney at Law, Raleigh, N. C, as intervener for 
Fredrickson Motor Express. 

The respondent was represented by himself, Mr. J. Wesley Lowther, 
Charlotte, N. C. 

The Commission heard evidence as to the abondonment by the Lowther 
Trucking Co. and the operating rights mentioned in the application pre- 
sented by witnesses of the applicant, and Mr. Lowther was sworn and testi- 
fied in his own behalf. After due consideration of the evidence presented, 
the Commission is of the opinion that full and entire abandonment by Mr. 
Lowther had not been made. 

Therefore, it is ordered that the application be denied. 

This the 24th day of September, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 1975. 



290 N. C. Utilities Commission 

NO. 2192: APPLICATION OF GREAT SOUTHERN TRUCKING CO. 
TO OPERATE AS MOTOR VEHICLE CARRIER OF FREIGHT FROM 
CHARLOTTE TO MOORESVILLE, STATESVILLE, MOCKSVILLE, 
WINSTON-SALEM, GREENSBORO, AND HIGH POINT OVER U. S. 
HIGHWAYS NOS. 21, 64, 158, 421 AND 311. 

NO. 2193: APPLICATION OF GREAT SOUTHERN TRUCKING CO. 
TO OPERATE AS MOTOR VEHICLE CARRIER OF FREIGHT FROM 
CHARLOTTE TO BELMONT, GASTONIA, BESSEMER CITY, 
KINGS MOUNTAIN, SHELBY, FOREST CITY, SPINDALE, RUTH- 
ERFORDTON, HENDERSONVILLE AND ASHEVILLE VIA U. S. 
HIGHWAYS NOS. 74, 64 AND 25. FROM CHARLOTTE TO LIN- 
COLNTON, NEWTON, HICKORY, MORGANTON, MARION AND 
ASHEVILLE VIA N. C. HIGHWAY NO. 27 AND U. S. HIGHWAYS 
NOS. 321, 64 AND 70. 

Order 

This application was heard before Commissioners Hunter and Tucker on 
July 8 and 9, 1941. The full Commission heard oral argument by attorneys 
for the respective parties on October 7th, 1941. 

Appearances: 
Applicant: 

Great Southern Trucking Company 
W. S. Blakeney, Charlotte, N. C. 
Arch T. Allen, Raleigh, N. C. 
Worth McKinney, Asheville, N. C. 

Protestants : 

I. M. Bailey, Raleigh, N. C, appearing for Smith Transfer Corpora- 
tion, Motor Transit, Frederickson Motor Express Corporation, 
Blizard Motor Express, Lowther Trucking Company, Helms Motor 
Express Company. 

J. C. B. Eringhaus, Jr., Eringhaus & Eringhaus, Raleigh, N. C, 
Colonial Motor Freight Line. 

Tucker, Commissioner: These applications are for franchises to operate 
as motor vehicle carrier of freight over certain highways and would, if 
granted, duplicate in whole or in part franchise routes of the following 
intrastate operators: 

Frederickson Motor Express Corporation, Smith Transfer Corpora- 
tion, Colonial Motor Freight Line, Motor Transit Company, Blizard 
Motor Express, Turner Trucking Company, Lowther Trucking Com- 
pany, M & M Motor Express. 

The applicant operates as an interstate carrier over all of the routes 
for which intrastate rights are sought. There is at the present time only 
a single intrastate franchise carrier over each of the routes applied for 
except as follows: High Point to Greensboro, Charlotte to Statesville, Char- 
lotte to Asheville via Lincolnton and Hickory, and Asheville to Henderson- 
ville. The territory covered in the application embraces the manufacturing 
and industrial section of North Carolina. It is served by a great number 
of interstate operators, but only by the limited number of intrastate carriers 
that have been enumerated. 



Decisions and Adjustments of Complaints 291 

The testimony in the case discloses that there are a great number of 
illegal motor carrier operations in the territory covered in the application. 
These consist of two major classes: interstate operators who also do a 
large intrastate business ; f or-hire carriers, who solicit business and operate 
on regular schedules in much the same manner as the properly franchised 
intrastate operators. The applicant, the Great Southern Trucking Company, 
has been guilty of unauthorized operation and has, for sometime, been 
consistently carrying on an intrastate operation in connection with its 
interstate franchises. It has no intrastate rights whatsoever over the 
routes listed in its application. 

The position of the applicant in seeking franchises over the routes listed 
was stated to be: 

"We feel that public convenience and necessity will be furthered 
by the granting of the application applied for. The applicant, as 
will be shown subsequently, at this time possesses interstate rights 
over the entire routes applied for. We feel that there is adequate 
freight to justify the services of one or more than one or two intra- 
state carriers over these routes; that the increase in business in 
recent years will more than compensate for any divergence of business 
of existing operators over these routes applied for; that, if this applica- 
tion is not granted and allowed, that serious inconvenience will result to 
shippers and receivers who now utilize the services of the Great 
Southern Trucking Company for interstate shipments; that it will 
be necessary for them to call upon one or more carriers and that the 
services being rendered by the existing carriers with franchise routes 
applied for are not adequate to handle the shipments over this route." 

The applicant, through some twenty-three witnesses, presented testimony 
in support of its contention that there is sufficient business in the territory 
to support an additional carrier, and that public convenience and necessity 
require that its application be granted. Much of the testimony given by 
the applicant's witnesses was of a rather inconclusive character. Some of 
it was to the effect that the witnesses were using the applicant's facilities 
and found them satisfactory; that they either did not use the facilities of 
the protestant carriers, or, if they did use them, they found them "very 
good". Several of the witnesses based their testimony that they used the 
applicant's services in preference to the services of other carriers on such 
reasons as earlier arrival of Great Southern trucks, and the loss of ship- 
ments by other carriers, but not by Great Southern. 

The position of the protestants in opposing the granting of the franchise 
rights applied for was stated as follows: 

". . . it is that existing service is adequate and convenient for the 
service of the shippers located in the areas covered by the proposed 
routes, that the investments are large, substantial, and are jeopardized 
by the application, that the divergence of traffic will be of such 
proportion as to impair the service which these carriers now render 
or can render to the public served by them, that the congestion on 
the highways resulting from the granting of an additional franchise 
will be greater than is contemplated either by the statute or by the 
convenience of the public generally, that the service applied for is a 
complete duplication, or duplication in whole, of existing services and 
that under the provision of Section 3 of the Motor Vehicle Carrier Act, 
administered by this Commission, under a sub-section of that section, the 
existing carriers should be given an opportunity to furnish through 
additional equipment and additional schedules any service that the 
Commission may find necessary, if such be found by the Commission, 



292 N. C. Utilities Commission 

and^ that the existing carriers should under the provisions of that 
section and must under the decision of this Commission in the cases 
in which that has been definitely dealt with, grant an opportunity to 
the existing carriers to furnish that service." 

The Protestants, through employees of their companies, offered evidence 
to show: the extent of their investment in operating franchises over the 
routes that are listed in the application of the Great Southern Trucking 
Company; the amount of equipment for furnishing service to the public; 
schedules used in their operations; amount of business carried on during 
certain periods. 

The testimony of protestants' witnesses was to the effect that protestants 
were now carrying satisfactorily all business offered to them; that they 
have capacity for handling 40 per cent more business than they are now 
doing; that they are in a position to secure additional equipment if neces- 
sary for taking care of the service demanded by the public on their fran- 
chise routes; that they are ready and willing to establish additional sched- 
ules wherever and whenever they are required in order to serve the public 
need. 

Protestants' own witnesses testified to the great number of illegal opera- 
tions on their franchise routes. It was estimated that the intrastate carriers 
did only from 30 to 40 per cent of the intrastate business. There was some 
testimony to the effect that the franchise operators could furnish equipment 
and facilities for doing all of the intrastate business, if the illegal operations 
ceased. It was testified that the most serious objection of the protestants 
to the granting of the franchise asked for was the possibility that other 
franchises, in addition to those requested by applicant, might be granted 
over these same routes. 

A strong point, made by applicant in favor of the granting of the 
franchises applied for, was that it now operates interstate over these 
routes and could do an intrastate business with the same equipment and 
thereby render more convenient service to shippers and receivers of goods. 
It is believed that this argument should not receive much consideration. 
If it were adopted as a basis for granting franchises, then it would naturally 
follow that most, if not all, of the interstate operators in North Carolina 
would have to be given intrastate rights. In the final analysis, it would 
seem that the adoption of this policy might result in the elimination of 
many of the purely intrastate operations. 

Neither should the franchise sought be granted because the applicant 
is now doing a large unauthorized intrastate business, and uses this as 
an argument that, in consequence, additional legal operations are necessary 
over these routes. The Commission is well aware of the fact that there 
are a great number of illegal operations in this territory. Many of these 
have developed, evidently, because of the great volume of business. The 
Commission has the duty to see that the public is served adequately and 
this may require that it countenance unauthorized operations during certain 
periods of emergency. The ultimate aim, however, should be to have these 
illegal and unauthorized operations stopped. To do this, and at the same 
time provide the public with all of the service it needs, may require 
additional franchises that will duplicate existing franchise routes. 



Decisions and Adjustments of Complaints 293 

The Commission is faced with a situation that exists and not with a 
theory. The procedure to be adopted, under the existing conditions, should 
be: either to have the unauthorized operations stopped and then grant 
additional franchises, if necessary, to take care of the public need; or to 
grant additional franchises in anticipation of the elimination of illegal 
operations. Defense activities have resulted in a great increase in the move- 
ment of goods in North Carolina. In consequence, there is ample business 
for some additional legal motor vehicle operations, as evidenced by the 
large number of unauthorized operations that now flourish in the industrial 
section of the State. For these reasons, it is believed that the second method 
of procedure, as outlined above, may be followed without doing any injury 
or injustice to the existing franchise operators. 

Present franchise operators should have no fear that the granting of 
additional franchises, which, in the judgment of the Commission, are 
necessary in the public interest, will open the doors for the wholesale 
granting of franchises. The Commission will be guided in its actions in 
each particular case by the requirements for handling conveniently and 
expeditiously the movement of goods in this State. And the Commission 
will, in every case, see that the operations of existing intrastate franchise 
carriers are adequately safeguarded. 

In the instant applications, the Commission finds that public convenience 
and necessity have been shown for additional intrastate operations over 
certain highway routes on which there is at present not more than a single 
intrastate operator. This would apply to that portion of the application 
covering the route from Charlotte to Asheville via Gastonia, Shelby, 
Rutherfordton and Chimney Rock, and most of the route from Charlotte 
to Greensboro over U. S. Highways Nos. 29, 29-A and 70. Between High Point 
and Greensboro there are at present three unrestricted intrastate operators. 
Also, the Commission has recently granted to the Colonial Motor Freight 
Line a franchise to operate over U. S. Highways Nos. 29, 29-A and 70 
between Charlotte and Greensboro for the transportation of goods from 
Greensboro and beyond to the east. In view of the number of unauthorized 
operations between Charlotte and Greensboro, as well as the large amount 
of business, it is believed that there should also be an additional unrestricted 
intrastate franchise granted over this entire route. Therefore, it is 

Ordered: 1. That that part of the application of the Great Southern Truck- 
ing Company in Docket No. 2193 for franchise to operate as motor vehicle 
carrier of freight from Charlotte to Greensboro over U. S. Highways Nos. 
29, 29-A and 70, and from Charlotte to Asheville over U. S. Highways 
Nos. 74 and 64, be and the same is hereby granted. 

2. That that part of the application of the Great Southern Trucking Com- 
pany in Docket 2193 for franchise to operate as motor vehicle carrier of 
freight from Charlotte to Lincolnton, Newton, Hickory, Morganton, Marion 
and Asheville over N. C. Highway No. 27 and U. S. Highways Nos. 321, 
64 and 70, be and the same is hereby denied. 

3. That the application of the Great Southern Trucking Company in 
Docket No. 2192 for franchise to operate as motor vehicle carrier of 
freight from Charlotte to Mooresville, Statesville, Mocksville, Winston- 
Salem, Greensboro, and High Point over U. S. Highways Nos. 21, 64, 158, 
421 and 311, be and the same is hereby denied. 



294 N. C. Utilities Commission 

4. That the application of the Great Southern Trucking Company, as 
to the routes listed in Paragraph No. 1 above, is granted upon the condi- 
tion that it cease all illegal and unauthorized intrastate operations over the 
routes for v^^hich its application has been denied, and that if such illegal 
operations shall be continued, then the franchises granted hereunder shall 
be immediately revoked. 

5. That Certificate No. 176, now outstanding in the name of the Great 
Southern Trucking Company, shall be amended to include the routes herein 
granted upon presentation to the Commission and upon compliance with 
the rules and regulations set down by the Commission. 

6. That this cause, having been heard before less than the full Commis- 
sion, the findings and order herein made will become the findings and 
order of the full Commission at the expiration of ten days from the date 
hereof, unless exceptions are filed thereto within said period. 

This 12th day of December, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Dockets Nos. 2192 and 2193. 



Docket No. 2192: APPLICATION OF GREAT SOUTHERN TRUCKING 
COMPANY TO OPERATE AS MOTOR VEHICLE CARRIER OF 
FREIGHT FROM CHARLOTTE TO MOORESVILLE, STATESVILLE, 
MOCKSVILLE, WINSTON-SALEM, GREENSBORO, AND HIGH 
POINT OVER U. S. HIGHWAYS NOS. 21, 64, 158, 421 AND 311. 

Docket No. 2193: APPLICATION OF GREAT SOUTHERN TRUCKING 
COMPANY TO OPERATE AS MOTOR VEHICLE CARRIER OF 
FREIGHT FROM CHARLOTTE TO BELMONT, GASTONIA, BES- 
SEMER CITY, KINGS MOUNTAIN, SHELBY, FOREST CITY, SPIN- 
DALE, RUTHERFORDTON, HENDERSONVILLE AND ASHEVILLE 
VIA U. S. HIGHWAYS NOS. 74, 64 AND 25. FROM CHARLOTTE 
TO LINCOLNTON, NEWTON, HICKORY, MORGANTON, MARION 
AND ASHEVILLE VIA N. C. HIGHWAY NO. 27 AND U. S. HIGH- 
WAYS NOS. 321, 64 AND 70. 

Order Overruling Exceptions 

This cause comes before the full Commission upon exceptions, as appear 
of record, to the order made herein on December 12, 1941. Argument upon 
the exceptions was heard by the full Commission on the 9th day of 
January, 1942. 

Upon the careful consideration of each and every part of the exceptions 
filed both by the applicant and by the protestants, the Commission finds no 
reason to vacate or modify the findings and order of December 12, 1941, 
made by the hearing Commissioners. It is, therefore. 

Ordered: 1. That the exceptions filed by the applicant and by the pro- 
testants be and the same are hereby overruled and denied. 



Decisions and Adjustments of Complaints 295 

2. That the findings and order made by the hearing Commissioners 
in this cause, dated December 12, 1941, be and the same are hereby made 
the findings and order of the full Commission. 

This 9th day of January, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Dockets Nos. 2192 and 2193. 



NO. 2192: APPLICATION OF GREAT SOUTHERN TRUCKING CO. TO 
OPERATE AS MOTOR VEHICLE CARRIER OF FREIGHT FROM 
CHARLOTTE TO MOORESVILLE, STATESVILLE, MOCKSVILLE, 
WINSTON-SALEM, GREENSBORO, AND HIGH POINT OVER U. S. 
HIGHWAYS NOS. 21, 64, 158, 421, AND 311. 

NO. 2193: APPLICATION OF GREAT SOUTHERN TRUCKING CO. TO 
OPERATE AS MOTOR VEHICLE CARRIER OF FREIGHT FROM 
CHARLOTTE TO BELMONT, GASTONIA, BESSEMER CITY, KINGS 
MOUNTAIN, SHELBY, FOREST CITY, SPINDALE, RUTHERFORD- 
TON, HENDERSONVILLE AND ASHEVILLE VIA U. S. HIGHWAYS 
NOS. 74, 64 AND 25. FROM CHARLOTTE TO LINCOLNTON, NEW- 
TON, HICKORY, MORGANTON, MARION AND ASHEVILLE VIA 
N. C. HIGHWAY NO. 27 AND U. S. HIGHWAYS NOS. 321, 64 AND 70. 

Order Dismissing Petition 

This cause again comes before the Commission upon the petition of the 
Great Southern Trucking Company to amend the Order made herein 
dated December 12, 1941, by striking from said Order the following: 

"That the application of the Great Southern Trucking Company, 
as to the routes listed in Paragraph No. 1 above, is granted upon the 
condition that it cease all illegal and unauthorized intrastate operations 
over the routes for which its application has been denied, and that if 
such illegal operations shall be continued, then the franchises granted 
hereunder shall be immediately revoked." 

Upon consideration of said petition the same is denied and dismissed. 

This 18th day of September, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest: 

R. O. Self, Chief Clerk. 
Dockets Nos. 2192 and 2193. 



296 N. C. Utilities Commission 

APPLICATION OF GREAT SOUTHERN TRUCKING COMPANY FOR 
FRANCHISE CERTIFICATE TO OPERATE FROM CHARLOTTE TO 
WINSTON-SALEM VIA MOORESVILLE, STATESVILLE AND 
MOCKSVILLE, SERVING ALL INTERMEDIATE POINTS OVER 
U. S. HIGHWAY NO. 21 FROM CHARLOTTE TO STATESVILLE, 
OVER U. S. HIGHWAY NO. 64 FROM STATESVILLE TO MOCKS- 
VILLE, AND OVER U. S. HIGHWAY NO. 158 FROM MOCKSVILLE 
TO WINSTON-SALEM. 

Order 

Before Commissioners Hunter and Johnson 

The applicant in this cause seeks motor vehicle franchise rights to trans- 
port general commodities between Charlotte and Winston-Salem via Moores- 
ville, Statesville and Mocksville over U. S. Highways Nos. 21, 64 and 158. The 
application was filed on the 21st day of April, 1942, and came on for hear- 
ing on the 19th day of May, 1942. 

Appearances : 

For the Applicant : 

Arch T. Allen, Raleigh, N. C, for Great Southern Trucking Company. 
For the Protestants : 

I. M. Bailey, Bailey, Lassiter and Wyatt, Raleigh, N. C, for Fred- 
erickson Motor Express Corporation, and Smith Transfer Corpora- 
tion. 

Hunter, Commissioner. The applicant operates under interstate rights 
between points in North Carolina, including Charlotte, Mooresville, States- 
ville and Winston-Salem, and points in Tennessee, South Carolina, Georgia, 
Florida and Alabama. It also operates under intrastate rights between Char- 
lotte and Asheville over U. S. Highway No. 74, between Charlotte and 
Greensboro over U. S. Highway No. 29, and between Charlotte and High 
Point via Albemarle and Asheboro. The applicant contends and offered testi- 
mony tending to show that both economy in operation and service to the 
public will be effected by handling at one and the same time and in the 
same trucks interstate and intrastate shipments to and from points on 
the proposed route. Witnesses from Charlotte, Mooresville, Statesville and 
Winston-Salem testified in support of said application, and generally to the 
effect that existing intrastate service over the proposed route is reasonably 
satisfactory, but that some inconvenience is occasioned by a division of 
interstate and intrastate shipments between carriers according to their 
respective operating rights. 

Frederickson Motor Express Corporation now operates under intrastate 
rights between Charlotte and Winston-Salem with schedules set up by 
Mooresville and Statesville, and also by Salisbury and High Point. On the 
6th day of May, 1942, this Commission granted the Lowther Trucking 
Company motor vehicle franchise rights to transport property between 
Charlotte and Winston-Salem via Mooresville and Mocksville. Said carriers 
have sufficient equipment and maintain sufficient schedules to reasonably 
meet the transportation needs over the proposed route. In the absence of 
complaints against the existing service, or of a more convincing showing 
of public convenience and necessity for additional rights, the hearing Com- 



Decisions and Adjustments of Complaints 297 

missioners are of the opinion and find that the facts presented do not war- 
rant such additional rights. It is therefore 

Ordered (1) That the application be, and the same is hereby, denied. 

(2) That unless exceptions are filed hereto within ten days from the 
date hereof, the finding and order herein will become effective as the 
finding and order of the full Commission. 

This the 14th day of July, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Docket No. 2627. 

APPLICATION OF GREENSBORO-FAYETTEVILLE BUS LINE, INC., 
FOR FRANCHISE RIGHTS TO OPERATE AS MOTOR VEHICLE 
CARRIER FROM FAYETTEVILLE, N. C, VIA N. C. HIGHWAY 
NO. 87 AND NO. 210, TO LILLINGTON, N. C. 

Order 

This case was heard on May 21, 1941, before Commissioners Hunter 
and Tucker, Winborne not sitting. It is an application of the Greensboro- 
Fayetteville Bus Line, Inc., for franchise to transport passengers, baggage, 
light express and mail from Fayetteville to Lillington via North Carolina 
Routes 87 and 210. 
Appearances : 

For the Applicant: 

W. E. Smith, Albemarle, N. C. 
K. J. Kindley, Charlotte, N. C. 
Gates, Quillen and McRae, Fayetteville, N. C. 
Neill McK. Salmon, Lillington, N. C. 
For the Protestants : 
No Protestants. 
Tucker, Commissioner: This application results from the great increase 
in travel between Raleigh and Fayetteville since the extension of defense 
activities at Fort Bragg. Due to the large number of soldiers and others 
who are now accommodated in the vicinity of Fayetteville, there has been 
a demand for more expeditious service from this area to neighboring towns 
and, particularly, to Raleigh. In recognition of this demand, the Commis- 
sion, on October 17, 1940, granted to the Greensboro-Fayetteville Bus Line 
temporary rights to operate over the route covered in this application. 
The request now is that these temporary arrangements shall be made 
permanent. 

Under the order referred to in the foregoing paragraph, a passenger 
from Fort Bragg travels over the Greensboro-Fayetteville Bus Line to 
Lillington via N. C. Highway No. 210, and thence to Raleigh over the 
route of the Carolina Coach Company. Some six witnesses from Lillington 
and nearby points testified that the granting of the application would 



298 N. C. Utilities Commission 

result in considerable benefit and convenience to persons living along the 
route from Manchester to Lillington. 

The granting of the present application will effect a decrease in operating 
distance between Fort Bragg and Raleigh of nineteen miles or thirty-three 
miles, depending upon the route with which it is compared. The distance 
from Fort Bragg to Raleigh via Fayetteville and over the lines of the 
Greensboro-Fayetteville Bus Line and the Carolina Coach Company is 
eighty-six miles; the distance from Fort Bragg to Raleigh via Fayetteville 
and the Greensboro-Fayetteville Bus Line and the Atlantic Greyhound 
Corporation is seventy-two miles; the distance from Fort Bragg to Raleigh 
over the line applied for to Lillington and over either the Carolina Coach 
Company or the Atlantic Greyhound Corporation from Lillington to 
Raleigh is fifty-three miles. There will be a corresponding reduction in 
operating time. 

Since the granting of this application is clearly in the interest of public 
convenience and necessity, it is, therefore 

Ordered: That the Greensboro-Fayetteville Bus Line, Inc., be and it 
is hereby granted permission to transport passengers, baggage, light express 
and mail from Fayetteville to Lillington via North Carolina Routes Nos. 
87 and 210. It is 

Further ordered, that certificate No. 101, now outstanding in the name 
of the Greensboro-Fayetteville Bus Line, Inc., shall be amended, upon pre- 
sentation to the Commission and upon compliance with the prerequisites 
set out in the Statute, to include the above-outlined routes. 

This the tenth day of June, 1941. 

Harry Tucker, Commissioner 



Fred C. Hunter, Commissioner. 



By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 1059. 



APPLICATION OF GREENSBORO-FAYETTEVILLE BUS LINE, INC., 
TO OPERATE BETWEEN PITTSBORO AND BURLINGTON VIA 
N. C. HIGHWAY NO. 87 THROUGH GRAHAM. (AS AMENDED) 

Order 

Johnson, Commissioner: 

Appearances : 

Applicant: 

R. G. Cherry, Gastonia, N. C. 
Emerson T. Sanders, Burlington, N. C. 

Protestant : 

Arch T. Allen, Raleigh, N. C, Carolina Coach Co. 
and Atlantic Greyhound Corp. 

This cause arises upon application of the Greensboro-Fayetteville Bus 
Line to operate as motor vehicle carrier for passengers between Pittsboro 
and Burlington over Highway No. 87. 



Decisions and Adjustments of Complaints 299 

Considerable testimony was offered by the applicant to prove the need 
of this service from all of which the Commission finds as a fact that 
public convenience and necessity has been shown for the establishment 
of this bus service. The protestants, Carolina Coach Co. and Atlantic 
Greyhound Corp., through their attorney, Arch T. Allen, filed a protest 
in writing but offered no evidence. Wherefore, it is ordered, 

That the application of the Greensboro-Fayetteville Bus Line, Inc., be 
granted, and a certificate issued upon compliance with the rules and 
regulations and requirements of this Commission. 

This the 18th day of June, 1942. 

Stanley Winborne, Chairman 



Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2495. 



APPLICATION OF JOHNIE HALL, d/b/a HALL-HUDGINS TRUCK 
LINE OF NORTH WILKESBORO TO OPERATE AS MOTOR VE- 
HICLE CARRIER OF FREIGHT FROM NORTH WILKESBORO TO 
HIGH POINT VIA HIGHWAY NO. 268 TO ELKIN, VIA HIGHWAYS 
NOS. 21 AND 67 TO WINSTON-SALEM; THENCE OVER HIGHWAY 
NO. 311 TO HIGH POINT; ELKIN TO MOUNT AIRY OVER HIGH- 
WAY NO. 601; THENCE OVER HIGHWAY NO. 52 TO WINSTON- 
SALEM. 

Before Commissioners Hunter and Johnson. 
Appearances : 
Applicant : 

J. Allie Hayes, North Wilkesboro, N. C, for Johnie Hall, d/b/a Hall- 
Hudgins Truck Line. 
Protestants : 

Bailey & Wyatt, Raleigh, N. C, for Fredrickson Motor Express and 

Motor Transit Co. 
W. P. Billings, North Wilkesboro, N. C, for Piedmont Motor Freight 

Lines. 
E. F. Caudill, North Wilkesboro, N. C, for C. & S. Motor Express. 
V. L. Renegar, Elkin, N. C, for Winston-Elkin Motor Express. 
J. W. Lowther, Charlotte, N. C, for Blizard Motor Express and 
Lowther Trucking Co. 

Johnson, Commissioner: 

This cause arises upon the application of Johnie Hall, d/b/a Hall- 
Hudgins Truck Line for franchise rights to operate freight and express 
trucks from North Wilkesboro to High Point via Highway No. 268, from 
North Wilkesboro via Highway No. 268 to Elkin, via Highways Nos. 21 
and 67 to Winston-Salem; thence over Highway No. 311 to High Point. 
The granting of this application would put Johnie Hall, d/b/a Hall- 
Hudgins Truck Line in direct competition with other franchise carriers, 



300 N. C. Utilities Commission 

and judging from the evidence presented in this case it appears that this 
section of the state has about all the motor freight lines it is able to 
support; and certainly the lines in operation in that section are already 
sufficiently competing with each other. Any further competition between 
these lines, I believe, will not be in the interest of the public. Public 
convenience and necessity was not shown by the applicant. In this case, 
therefore, it is 

Ordered that this petition be denied. 

This the 22nd day of May, 1942. 

Fred C. Hunter, Commissioner 
R. G. Johnson, Coinmissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Docket No. 1792. 

APPLICATION OF JOHN HERMAN HAMMACK FOR FRANCHISE 
CERTIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER 
FROM NORTH CAROLINA-VIRGINIA STATE LINE VIA N. C. 
HIGHWAY NO. 46 TO ROANOKE RAPIDS. 

Order 

Appearances : 

Applicant: Long and Crew, Attorneys, Roanoke Rapids, N. C. 
Protestant: None. 

Hunter, Commissioner: This is an application for motor vehicle fran- 
chise rights to transport passengers, principally industrial workers, over 
State Highway No. 46 between the North Carolina-Virginia State line and 
Roanoke Rapids, a distance of about thirteen miles. The cause came before 
the Commission for consideration without a formal hearing and without 
prior publication of notice. 

It appears from information furnished the Commission that the applicant, 
a resident of Gasburg, Virginia, is a common carrier of passengers by motor 
vehicle, operating under rights granted by the State of Virginia between 
Gasburg and the North Carolina-Virginia State line, and as a contract 
carrier is now hauling workers over the proposed route to and from industrial 
plants located at Roanoke Rapids. It also appears that the area of the 
proposed service in North Carolina is not presently served by any rail or 
motor vehicle franchise carrier, and that said service is needed and will 
be used. It is, therefore. 

Ordered: That the application of John Herman Hammack for franchise 
rights to transport passengers by motor vehicle from the North Carolina- 
Virginia State line over State Highway No. 46 to Roanoke Rapids, and 
return, be and the same is hereby granted, subject to the following con- 
ditions : 

1. That the applicant comply with the laws of the State of North Carolina 
and the rules and regulations of this Commission with respect to motor 
vehicle franchise carriers of passengers, and particularly with respect to 
filing with the Commission acceptable liability and property damage insur- 
ance on all vehicles to be used before beginning service. 



Decisions and Adjustments of Complaints 301 

2. That this matter having been considered by the Commission without 
a formal hearing and without publication of notice to the public or to other 
carriers, the rights herein granted may be modified or vacated by the 
Commission, in its discretion, upon complaint and satisfactory information 
to the effect that the rights of others have been adversely affected by the 
order herein. 

This 12th day of October, 1942. 

Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 

Attest: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 
Docket No. 2732. 



APPLICATION OF HELMS MOTOR EXPRESS OF ALBEMARLE, N. C, 
FOR FRANCHISE CERTIFICATE TO OPERATE AS A MOTOR 
VEHICLE CARRIER OF FREIGHT FROM ABERDEEN TO RAE- 
FORD OVER HIGHWAY NO. 211, THENCE OVER HIGHWAY NO. 
15-A TO FAYETTEVILLE. 

Order 

This cause arises upon the application of Helms Motor Express of 
Albemarle to operate as a motor vehicle carrier of freight and express 
from Aberdeen, N. C, to Fayetteville, via Raeford, over Highways Nos. 
211 and 15-A. 

The application was heard on November 12, 1940, at 10:00 o'clock A.M., 
and applicant was represented by Attorneys I. M. Bailey of Raleigh, 
and W. E. Smith of Albemarle. The Aberdeen and Rockfish Railroad Com- 
pany, represented by Attorney Murray Allen of Raleigh; Motor Transit 
Company, represented by Ruark & Ruark; Miller Motor Express, represented 
by Mr. C. G. Martin; and P. & F. Motor Express, of Wilmington, represented 
by Mr. B. H. Hinson of Charlotte, all appeared in protest of the granting 
of the application. 

Many public witnesses were presented by the applicant with reference 
to public convenience and necessity, and Mr. A. D. Burton, the manager 
of Helms Motor Express, testified that he was greatly inconvenienced 
because of the fact that he could not carry shipments directly into Fayette- 
ville; that the National Defense Program was greatly increasing such 
shipments to that section, and that his continued refusal to carry com- 
modities from points west of Aberdeen because he did not have adequate 
connection at Aberdeen to send same into Fayetteville was beginning to 
irritate the shipping public, and that he was making application because 
of the great pressure which was being put upon him for this service. 

The Aberdeen and Rockfish Railroad Company and other protestants 
presented several public witnesses who testified to the fact that the 
present service was adequate. 

Taking all the evidence into consideration, it is found as a fact that 
public convenience and necessity has been shown, therefore, it is 

Ordered, that the application be granted, and that the applicant be 
and the same is hereby authorized to operate as a motor vehicle carrier of 



302 N. C. Utilities Commission 

freight from Aberdeen, North Carolina, to Raeford over Highway No. 
211, thence over Highway No. 15-A to Fayetteville, North Carolina, and 
return, and it is 

Further ordered, that Certificate No. 273 be presented within thirty 
days from the date of this Order for amendment to include that granted 
herein, and it is 

Further ordered, that operation on these highways shall be begun 
within thirty days from the date of this Order, otherwise same shall 
become null and void. 

This the thirty-first day of January, 1941. 

By Order of the Commission : Stanley Winborne, CorriTnissioner. 

R. 0. Self, Chief Clerk. 
Docket No. 1178. 

APPLICATION OF HELMS MOTOR EXPRESS TO OPERATE BE- 
TWEEN CARY AND CHAPEL HILL, OVER HIGHWAYS NOS. 70 
AND 54, VIA THE INTERVENING TOWNS OF MORRISVILLE AND 
NELSON, WITH NO LOCAL SERVICE TO BE PICKED UP OR 
DELIVERED AT EITHER MORRISVILLE OR NELSON. ALSO 
APPLICATION FOR REMOVAL OF RESTRICTIONS FROM PRES- 
ENT FRANCHISE CERTIFICATE NO. 273 ON OPERATION BE- 
TWEEN CHARLOTTE AND ALBEMARLE, AND FOR AUTHORITY 
TO SERVE INTERVENING POINTS BETWEEN SAID CITIES ON 
HIGHWAY NO. 27. 

Order 

This case was heard on June 6, 1941, before Commissioners Hunter and 
Tucker. Commissioner Winborne did not sit in the case, but concurs in 
the findings. 

The application is divided into two parts: The first part is for franchise 
to operate from Cary to Chapel Hill via Nelson with closed doors at Morris- 
ville and Nelson; the second part is for the removal of restrictions on 
operation of the applicant between Charlotte and Albemarle. 
Appearances : 
Applicant : 

W. E. Smith, Albemarle, N. C. 
I. M. Bailey, Raleigh, N. C. 
Protestants : 

W. S. Blakeney, Charlotte, N. C, for Great Southern Trucking Co. 
Lynwood Smith, Albemarle, N. C, for Central Motor Freight Lines. 
Smith, Leach & Anderson, Raleigh, N. C, for Motor Transit Company. 
Tucker, Commissioner: Testimony disclosed that the applicant company 
has its home office in Albemarle, N. C, which is forty-one miles from 
Charlotte, N. C. Charlotte is a large distributing point, not only for Albe- 
marle, but for intermediate points between the two cities. There were 
a number of witnesses who testified that public convenience and necessity 
would be served better by permitting the applicant to operate without 
restriction between Charlotte and Albemarle. 



Decisions and Adjustments of Complaints 303 

The principal protest to the granting of the application came from the 
Great Southern Trucking Co. This Commission has on file a formal notice 
from the attorney of this company stating that it now withdraws its 
protest to the granting of the application. 

That portion of the application in which franchise is sought for opera- 
tion between Cary and Chapel Hill involves some interesting and unusual 
features. The applicant now has the franchise to operate between Cary 
and Chapel Hill via Apex and Pittsboro, a total distance of forty-two miles. 
The distance over the route applied for is twenty-one miles. The applicant 
alleges that, if the application is granted, there will be a saving in oper- 
ating distance between Cary and Chapel Hill of twenty-one miles. 

The applicant contends that the sole purpose in making application for 
the franchise is to be enabled, if the franchise is granted, to effect a 
savings in operating cost on the delivery of goods destined for Chapel 
Hill only, and for the further purpose of using the route applied for 
over which to operate empty motor vehicles. 

Both the applicant and the protestant, the Motor Transit Co., operate 
into Durham from Raleigh: the applicant operates via Cary, Apex, Pitts- 
boro and Chapel Hill, a total distance of sixty miles; the Motor Transit Co. 
operates directly over U. S. Highway No. 70, a distance of twenty-six miles. 
The protestant. Motor Transit Co., contends that if the application be 
granted, the Helms Motor Express will be enabled to decrease its operating 
distance between Raleigh and Durham by twenty-one miles and will thereby 
and to that extent be in a position to injure the franchise rights of the 
Motor Transit Co. 

There was no evidence at the hearing that there was any great amount of 
motor express and freight business between Raleigh and Chapel Hill, nor 
that public convenience and necessity require the granting of the applica- 
tion. On the other hand, it is doubtful if the Commission should adopt a 
policy of granting applications in all similar cases, where the sole argu- 
ments advanced are the convenience and operating economy that would 
result to the applicant. It is, therefore. 

Ordered: 1. That the application of the Helms Motor Express to operate 
between Cary and Chapel Hill, over Highways Nos. 70 and 54, via the inter- 
vening towns of Morrisville and Nelson, with no local service to be picked 
up or delivered at either Morrisville or Nelson, be and the same is hereby 
denied. 

2. That the application of the Helms Motor Express for the removal of 
restrictions from its present franchise certificate No. 273 on operation 
between Charlotte and Albemarle, and for authority to serve intervening 
points between said cities on Highway No. 27, be and the same is hereby 
granted, said certificate No. 273 to be so amended upon presentation to the 
Commission. 

This 9th day of August, 1941. 

Stanley Winborne, Chairman 
Harry Tucker, Commissioner 

By Order of the Commission: Fred C. Hunter, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 1981. 



304 N. C. Utilities Commission 

PETITION OF INTER CITY TRANSIT COMPANY OF BURLINGTON, 
N. C, FOR IMMEDIATE OPERATION TO SERVE DEFENSE PLANT 
BY THE TRANSPORT OF EMPLOYEES. 

Order 

This cause arises upon the above application, and it is ascertained 
that the applicant desires to operate as follows: 

Haw River, Main and Andrews Streets in the City of Burlington; 
thence on Highway No. 70 to intersection of Beaumont Avenue; thence 
over Beaumont Avenue and extension to Graham; thence from Graham 
north of extensions and Airport road to Junction of No. 70 at Defense 
Plant; thence No. 70 to Haw River; thence from Haw River via High- 
way No. 49 (old No. 62) to Graham; thence Highways Nos. 49 and 93 
to Brown No. 2, Junction of Highways No. 93 and 70; thence Highway 
No. 70 to the beginning point. 

From evidence presented at conference attended by the applicant, D. B. 
Bass, Jr., represented by Mr. Thomas C. Carter, Attorney of Burlington, 
N. C, it appears that the city of Burlington is a large industrial center and 
many of its mills have war contracts, and that an airplane manufacturing 
plant is being located on the site of the old Burlington Rayon Plant, and 
will employ around 5,000 workers who will come from a radius of several 
miles, and the applicant desires to operate about five miles east of Bur- 
lington into Graham and about two miles west in a circle, which will reach 
the homes of many of these workers. 

It being the desire of this Commission to cooperate in the fullest man- 
ner possible under the statute, it is found as a fact that public convenience 
and necessity will be served by the granting of this application for the 
purpose asked, 

Therefore, it is ordered that the petition be granted for a period of 
three years unless otherwise cancelled for cause, subject to renewal for 
similar periods or for the duration of the war emergency, and not to exceed 
six months thereafter. 

It is further ordered that certificate shall be issued to applicant when 
compliance has been made with the statute, by filing insurance and equip- 
ment specifications. 

This 4th day of March, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, CoTnmissioner. 

By Order of the Commission: 
R. 0. Self, Chief Clerk. 

Docket No. 2546. 



NO. 2531. APPLICATION OF KEETER'S BUS COMPANY TO OPERATE 
AS MOTOR VEHICLE CARRIER OF PASSENGERS FROM MOORES- 
VILLE VIA SOUTH AND NORTH MAIN ST. TO N. C. HIGHWAY NO. 
150; THENCE TO INTERSECTION OF N. C. HIGHWAY NO. 150 AND 
N. C. HIGHWAY NO. 152; THENCE VIA N. C. HIGHWAY NO. 152 TO 
INTERSECTION OF N. C. HIGHWAY NO. 152 AND N. C. HIGHWAY 
NO. 29 AT LANDIS; THENCE VIA N. C. HIGHWAY NO. 29 TO 
KANNAPOLIS. 



Decisions and Adjustments of Complaints 305 

NO. 2556. APPLICATION OF CAROLINA COACH COMPANY TO 
OPERATE FROM LANDIS TO MOORESVILLE OVER HIGHWAYS 
NOS. 150, 152 AND 153. 

Order 

The above applicants seek motor vehicle franchise rights to transport 
passengers over the route and between the points set out in the caption. 
Appearances : 

R. T. Giles, Mooresville, N. C, for Keeter's Bus Company. 
Arch T. Allen, Raleigh, N. C, for Carolina Coach Company. 
No protestants. 
On the 27th day of March, 1942, the date set for hearing the applica- 
tion in Docket No. 2531, both of the above-named applicants appeared 
and submitted to the Commission a written agreement between said parties, 
by the terms of which the service proposed by said two applications will 
be rendered in a manner that will meet the needs of the traveling public. 
An executed copy of said agreement, dated the 26th day of March, 1942, 
has been filed with and approved by the Commission, which said agree- 
ment is by reference thereto made a part hereof. Said agreement was 
supported by oral testimony tending to show public convenience and neces- 
sity for the service therein specified. It is therefore 

Ordered (1) That the application of W. Harry Keeter, trading as 
Keeter's Bus Company, for motor vehicle rights to transport passengers 
from Mooresville to Kannapolis, and return, over State Highways Nos. 150 
and 152 and U. S. Highway No. 29, be and the same is hereby granted, 
subject, however, to the reservations, restrictions and conditions set out in 
said agreement, certificate to issue upon compliance with the law and with 
the regulations of the Commission with respect to filing equipment speci- 
fications and insurance. 

(2) That the application of the Carolina Coach Company, Docket No. 
2556, be and the same is hereby dismissed, pursuant to the conditions set 
out in the aforesaid agreement. 
This the 15th day of April, 1942. 

Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 

By Order of the Commission: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 
Dockets Nos. 2531 and 2556. 

APPLICATION BY JAMES R. KIGER, MANAGER, SOUTHEASTERN 
BUS TARIFF BUREAU, INC., CHARLOTTE, N. C, ON BEHALF OF 
INTRASTATE MOTOR CARRIERS OF PASSENGERS TO REVISE 
TARIFF SCHEDULES. 

Order 

This matter arises from an application by James R. Kiger, Manager of 
the Southeastern Bus Tariff Bureau, Inc., Charlotte, N. C, filed on behalf 
of Motor Carriers of passengers operating within the state of North 
Carolina, seeking authority to file increased intrastate fares on less than 
statutory notice of thirty days. 



306 N. C. Utilities Commission 

In addition to representations submitted in justification for additional 
revenue, this Commission has also considered the following circumstances 
and conditions tendered in support of the application: 

That a conversion table increasing present fares by ten per cent, frac- 
tions properly resolved, in the form of a blanket supplement to the present 
local and joint fare tariffs of applicant's member lines, will be filed on not 
less than ten (10) days' notice to become effective on February 16th, 1942. 
Minimum fares and fares specially published for application to members 
of the military or naval forces traveling on furlough or pass-leave will not 
be subjected to the increases. 

That within a period of approximately ninety days next after February 
16, 1942, all tariffs, local and joint, will be revised to reflect fares based 
on two (2) cents per mile as maximum, except as to minimum fares for 
short distances, and with the further exception that where present fares 
increased by ten (10) per cent are less than two (2) cents per mile, distance 
considered, such fares will not be increased to the maximum basis of two (2) 
cents per mile. 

In the absence of necessity for modifying any outstanding orders to permit 
the authority herein sought, and upon considering the grounds of applicant's 
request, 

It is ordered, that applicant be, and the same hereby is, authorized 
to accomplish the filing of tariffs in accord with the foregoing provisions. 

It is further ordered, that jurisdiction be, and it is hereby, retained by 
the Commission, for the purpose of determining, if need be, the lawfulness 
of any particular fare or fares, resulting from this order, and to require 
the final revision within a period of ninety (90) days from February 16th, 
1942, as referred to in the foregoing report. 

By Order of the Commission: 

This the 31st day of January, 1942. 

R. 0. Self, Chief Clerk. 
Docket No. 2516. 

APPLICATION BY JAMES R. KIGER, MANAGER, SOUTHEASTERN 
BUS TARIFF BUREAU, INC., CHARLOTTE, N. C, ON BEHALF OF 
INTRASTATE MOTOR CARRIERS OF PASSENGERS TO REVISE 
TARIFF SCHEDULES. 

Supplemental Order 

This matter coming on for further consideration: 

It appearing desirable for the purpose of clarifying the order of January 
31st, 1942, and good cause appearing therefor; 

It is ordered, that the authority granted to motor carriers of passengers 
members of the Southeastern Bus Tariff Bureau, Inc., in the order of Janu- 
ary 31st, 1942, to revise their fares as set out therein be, and the same 
hereby is, extended to Atlantic Greyhound Corporation and motor carriers 
of passengers participating in tariffs of the National Bus Traffic Associ- 
ation, Inc. 



Decisions and Adjustments of Complaints 307 

It is further ordered, that in all other respects, the order of January 
31st, 1942, shall remain in full force and effect. 
By Order of the Commission: 
This the 4th day of February, 1942. 
Docket No. 2516. R. 0. Self, Chief Clerk. 

APPLICATION OF LAURINBURG AND SOUTHERN RAILROAD 
COMPANY TO OPERATE AS MOTOR VEHICLE CARRIER OF 
FREIGHT, EXPRESS AND MAIL FROM RAEFORD, N. C, TO 
JOHNS, N. C, VIA LAURINBURG OVER U. S. HIGHWAYS NOS. 
501 AND 15-A. 

Order 

This cause arises upon application of the Laurinburg and Southern Rail- 
road Company for franchise certificate to operate as motor vehicle carrier 
of freight, mail and express over U. S. Highways Nos. 501 and 15-A from 
Johns to Raeford via Laurinburg and Wagram. 

It appears that in July, 1928, this company discontinued its rail line 
service for mail and express and substituted a motor vehicle on the high- 
ways aforementioned between Laurinburg and Raeford. The applicant 
states in the application that it will be necessary for them to substitute 
motor vehicle transportation for freight in lieu of railroad transportation 
to comply with ODT Order No. I. Miller Motor Express, which appears to 
be the only carrier that would be affected by the operation petitioned for 
has consented to the said operation. Therefore, it is 

Ordered: That the application of the Laurinburg and Southern Railroad 
Company to operate as motor vehicle carrier of freight, express and mail 
from Raeford, N. C, to Johns, N. C, via Laurinburg over U. S. Highways 
Nos. 501 and 15-A be granted, and the applicant is hereby authorized to 
begin such services immediately, upon compliance with the rules and regu- 
lations set down by the Commission. 

This 4th day of June, 1942. 

Stanley Winborne, Chairman 
R. G. Johnson, Commissioner 
Fred C. Hunter, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Docket No. 2469. 

C. A. LEA TRANSPORTATION CO. OF BURLINGTON, TO OPERATE 
BEGINNING AT THE INTERSECTION OF GRAHAM-HOPEDALE 
ROAD WITH MIDWAY AVENUE AND CONNECTING WITH THE 
ROUTE PRESENTLY SERVED BY APPLICANT AND RUNNING 
THENCE ON GRAHAM-HOPEDALE ROAD TO ITS INTERSECTION 
WITH U. S. HIGHWAY NO. 70; THENCE ON U. S. HIGHWAY NO. 
70 AND N. MAIN STREET TO SOUTHERN RAILWAY COMPANY 
MAIN LINE AND THENCE ALONG S. MAIN STREET TO WEST 
FRONT STREET (WITH ALTERNATE ROUTE FROM THE POINT 
ON N. MAIN STREET INTERSECTING WITH IRELAND STREET 



308 N. C. Utilities Commission 

ON IRELAND STREET TO N. BROAD STREET AND ON N. BROAD 
STREET TO E. WEBB AVENUE, CONNECTING WITH THE PRES- 
ENT ROUTE SERVED BY APPLICANT); ON S. MAIN STREET 
FROM THE INTERSECTION OF W. FRONT STREET TO AND 
BEYOND THE CORPORATE LIMITS OF THE CITY OF BURLING- 
TON ON U. S. HIGHWAY NO. 70 TO THE INTERSECTION OF 
N. C. HIGHWAY NO. 93 AND RETURN BY ALTERNATE ROUTE 
ON CHURCH STREET AT ITS INTERSECTION WITH S. MAIN 
STREET TO WEST FRONT STREET AND CONNECTING WITH THE 
PRESENT ROUTE SERVED BY THE APPLICANT; ON S. PARK 
AVENUE FROM ITS INTERSECTION WITH TROLLINGER STREET 
AND CONNECTING WITH THE ROUTE NOW SERVED BY APPLI- 
CANT TO AND BEYOND THE CORPORATE LIMITS OF THE 
CITY OF BURLINGTON ON N. C. HIGHWAY NO. 100 TO THE 
POST OFFICE OF GLEN RAVEN, N. C, AND RETURN BY ALTER- 
NATING ROUTE ON W. DAVIS STREET EXTENSION AT ITS 
INTERSECTION WITH N. C. HIGHWAY NO. 100 AND ON W. DAVIS 
STREET TO CHURCH STREET AND ON CHURCH STREET FROM 
W. DAVIS TO W. FRONT STREET AND CONNECTING WITH THE 
ROUTE NOW SERVED BY THE APPLICANT. 

Cooper & Sanders, attorneys at law, Burlington, N. C, for applicant, 
C. A. Lea Transportation Company. 

Thomas C. Carter, attorney at law, Burlington, N. C, for the Intercity 
Transit Company. 

WiNBORNE, Chairman. 

This matter came on for hearing and was heard on May 1, 1942, by 
Commissioners Johnson and Winborne, upon the application of C. A. Lea 
Transportation Company of Burlington, N. C, for extension of franchise 
rights and privileges over certain streets within the City of Burlington and 
extensions beyond the corporate limits of the City of Burlington, as set out 
in particular in the caption hereof. 

It was made to appear by competent testimony that the applicant is now 
a franchise carrier, holding franchise certificate No. 470; that the service 
provided by the applicant over the routes presently served embraces sched- 
ules of one-half hourly trips for nineteen hours a day to Burlington Mills 
Corporation plants located at Piedmont Heights and other points within the 
City of Burlington. The proposed service will provide eight round trips a 
day between Glen Raven, N. C, the location of Glen Raven Silk Mills, now 
engaged in defense projects, and Graham, N. C, via Fairchild Engine and 
Airplane Corporation plant with eighteen round trips a day between such 
plant through Burlington north and south and to the point of intersection 
of U. S. Highway No. 70 with N. C. Highway No. 93, with arrivals and 
departures so arranged as to accommodate the three shift operations at 
such plants. 

Upon the testimony adduced at the hearing the extension of the service 
as proposed by the applicant to serve the plants employing some ten, or 
more, thousand workmen, many of whom are engaged directly in defense 
work, is undoubtedly in the public interest. Furthermore, the record reveals 
that the said extensions will render needed service to a large civilian popu- 



Decisions and Adjustments of Complaints 309 

lation which will be increasingly more dependent upon public transporta- 
tion, due to gasoline and tire rationing. 

The Commission, therefore, finds as a fact that public convenience and 
necessity has been clearly shown. 

Wherefore it is ordered: That if no Exceptions are filed to this finding 
within ten days from date hereof, and then upon full compliance with 
the rules and regulations of this Commission a franchise certificate shall 
be issued to the applicant to extend its present bus service over the routes 
and streets as set out in the application and in the caption hereof. 

This the 26th day of May, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Cornmissioner 

Docket No. 2567. R. G. Johnson, Commissioner. 

APPLICATION OF LENOIR MOTOR COACH COMPANY TO OPERATE 
OVER CONNOLLY SPRINGS ROAD FROM WALSH PLACE TO 
CATAWBA RIVER, BATON AND CLARK'S CHAPEL; THENCE ON 
- TO DRY POND AND SAW MILLS BACK TO CAJAH MOUNTAIN 
SECTION OVER COUNTY DIRT ROADS, AND FROM SAW MILLS 
TO LENOIR OVER HIGHWAY NO. 321. EXTEND OPERATIONS FROM 
WARRIOR TO PATTERSON OVER HIGHWAYS NOS. 321 AND 268 
AND ON TO COUNTY LINE NEAR BLACKSTONE OVER HIGHWAY 
NO. 268. EXTEND OPERATIONS OVER HIGHWAY NO. 90 FROM 
LENOIR TO A COUNTY ROAD; THENCE TO DUDLEY SHOALS, A 
COTTON MILL VILLAGE, OVER DIRT ROAD. EXTEND OPERA- 
TIONS OVER HIGHWAY NO. 18 FROM LENOIR TO BEAVER CREEK 
IN THE EDGE OF WILKES COUNTY. EXTEND OPERATIONS FROM 
HARTLAND ON A COUNTY ROAD TO CHESTERFIELD IN BURKE 
COUNTY WITH RETURN OVER HIGHWAY NO. 18 FROM CHESTER- 
FIELD TO LENOIR. 

Order 
Before Commissioner Johnson. 
Appearances : 
For Applicant: 

L. H. Wall, Lenoir Motor Coach Company, Lenoir, N. C. 

For Protestants: 

R. G. Cherry, Gastonia, N. C, for Queen City Coach Company. 
Bailey, Lassiter & Wyatt, Raleigh, N. C, for Atlantic Greyhound 
Corporation. 
This cause arises upon the application of the Lenoir Motor Coach Com- 
pany for authority to operate motor vehicle carrier of passengers over 
the route heretofore set out. Hearing was held on the application on August 
4, 1942, at ten o'clock A.M. The Atlantic Greyhound Corporation, through 
its attorneys, Bailey, Lassiter & Wyatt, and Queen City Coach Company, 
through its attorney, R. G. Cherry, appeared to protest the granting of said 
application. A motion by attorney for the applicant was allowed withdraw- 
ing from the application all of the routes except the operation from Black- 



310 N. C. Utilities Commission 

stone over Highway No. 268 to the intersection of Highways Nos. 268 and 
321 from the Burke County Line over the Connolly Springs Road to the 
intersection of a road leading from Hudson to Connolly Springs Road and 
from Baton over a dirt road to the Connolly Springs Road and from Saw 
Mills over a dirt road to the Connolly Springs Road by way of Dry Pond, 
and from Saw Mills over a dirt road by Cajah Mountain to Connolly Springs 
Road and from Duldey Shoals over a dirt road to where said dirt road 
intersects Highway No. 90, just east of Oak Hill. 

Attorneys R. G. Cherry for the Queen City Coach Company, and Bailey, 
Lassiter & Wyatt for Atlantic Greyhound Corporation, withdrew opposi- 
tion to the routes heretofore mentioned. 

It was shown by the evidence presented that there was a great number 
of people living along this route who are now employed in Lenoir and due 
to the rationing of gasoline and tires the service requested was proved con- 
clusively to be a necessity. Therefore, it is 

Ordered that this petition be granted and authority be granted to operate 
over the routes heretofore set out and that certificate issue when the appli- 
cant has complied with the law by filing insurance with this office in 
accordance with law and the Commission's rules and regulations. 

This the 17th day of August, 1942. 

Stanley Winborne, Chairman 

Fred C. Hunter, ComTnissioner 

• R. G. Johnson, Covionissioner. 

By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2683. 



APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR 
AUTHORITY TO ENTER INTO LEASE CONTRACT WITH H. D, 
McLEAN, OWNER AND d/b/a LENOIR MOTOR COACH COMPANY, 
OF CALDWELL COUNTY, NORTH CAROLINA. 

Order 

This matter coming on to be considered by the Commission on the peti- 
tion of Atlantic Greyhound Corporation filed by its attorneys, and said 
petition having been considered in connection with the agreement thereto 
attached and made a part thereof, and it appearing to the Commission that 
said agreement is in all respects proper and that the same should be 
approved: 

It is now, therefore, ordered that said agreement between Atlantic 
Greyhound Corporation and H. D. McLean, owner and d/b/a Lenoir Motor 
Coach Company, dated the 1st day of August, 1942, be, and the same is 
hereby, approved, and H. D. McLean, owner and d/b/a Lenoir Motor Coach 
Company, is hereby authorized to perform the service covered by said 
agreement upon compliance with all of the rules and regulations of this 



Decisions and Adjustments of Complaints 311 

Commission with reference to the operation of motor buses for the trans- 
portation of persons in intrastate commerce. 
This the 4th day of September, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

I hereby certify that the foregoing is a true and complete copy of a 
petition filed with, and an order entered by, the North Carolina Utilities 
Commission in the above matter. 

This the 4th day of September, 1942. 

Docket No. 2683. R. 0. Self, Chief Clerk. 

AGREEMENT BETWEEN QUEEN CITY COACH COMPANY AND 
LENOIR MOTOR COACH COMPANY. 

The parties above named having entered into an agreement, a copy of 
which purporting to have been duly executed has been filed with the 
Utilities Commission for approval, the same being identified by the above 
Docket Number, to which said agreement reference is hereby made, and 
upon consideration thereof the Commission being of the opinion that the 
same is lawful and in the public interest, it is, therefore, ordered: 

1. That said agreement be, and the same is hereby approved for the 
purpose therein expressed, subject to the right of the Commission to exer- 
cise, in its discretion, all the powers and duties now or hereafter conferred 
upon it by law with respect to the subject-matter thereof, notwithstanding 
said agreement. 

2. That this order be attached to and filed with the aforesaid copy of said 
agreement, and a copy thereof mailed or delivered to each of the parties 
thereto. 

By Order of the Commission, this 21st day of October, 1942. 

Docket No. 2683. R. 0. Self, Chief Clerk. 

APPLICATION OF L. J. N. TRUCKING CO., INC., TO OPERATE FROM 
NORTH WILKESBORO TO WILKESBORO VIA U. S. HIGHWAY NO. 
421. FROM WILKESBORO TO MORAVIAN FALLS AND LENOIR 
VIA N. C. HIGHWAY NO. 18. 

Order 

This cause having been docketed for hearing at 2:30 P.M. on Wednesday, 
the 1st day of October, 1941, and all parties notified accordingly, and the 
applicant having failed to appear, and upon notice from the Commission to 
show cause for his failure to appear having failed to offer valid reason 
therefor, it is, therefore. 

Ordered that the application herein be and it is hereby dismissed. 

This 10th day of October, 1941. 

Fred C. Hunter, CoTriTnissioner. 

By Order of the Commission: 
R. 0. Self, Chief Clerk. 

Docket No. 2296. 



312 N. C. Utilities Commission 

APPLICATION OF LOWTHER TRUCKING COMPANY, OF CHAR- 
LOTTE, TO OPERATE AS MOTOR VEHICLE CARRIER OF FREIGHT 
FROM MOORESVILLE TO WINSTON-SALEM VIA N. C. HIGHWAY 
NO. 801 TO JUNCTION OF U. S. HIGHWAY NO. 601 TO MOCKS- 
VILLE; THENCE U. S. HIGHWAY NO. 158 TO WINSTON-SALEM, 
SERVING THE POINTS OF MOORESVILLE, MT. ULLA, BEAR POP- 
LAR, BARBER, WOODLEAF, COOLEEMEE, MOCKSVILLE, CLEM- 
MONS AND WINSTON-SALEM. 

Order 
Before Commissioner Hunter. 

J. Wesley Lowther, trading as Lowther Trucking Company, seeks motor 
vehicle franchise rights to transport property from Mooresville to Winston- 
Salem, and return, over State Highway No. 801 and U. S. Highways Nos. 
601 and 158 by way of Barber, Cooleemee, Mocksville and Clemmons. The 
cause came on for hearing on the 28th day of April, 1942. 

Appearances : 

W. C. Harris, Jr., Raleigh, N. C, for Lowther Trucking Company. 
For the Protestants: 

Arch T. Allen, Raleigh, N. C, for Great Southern Trucking Company. 
I. M. Bailey, Raleigh, N. C, for Frederickson Motor Express Cor- 
poration. 
George H. Uzzell, Salisbury, N. C, and Walter H. Woodson, Salisbury, 
N. C, for Dickson Transfer Company. 

Hunter, Commissioner. To obviate the repetition of testimony, partic- 
ularly on the part of protestants, the application herein and the applica- 
tion of Dickson Transfer Company, Docket No. 2481, were heard at the 
same time. Counsel for the respective parties agreed that the testimony 
be considered in support on the application for which it was offered and 
in protest of the other application, and that the testimony offered by pro- 
testants be considered against both of said applications. 

The applicant now operates between Charlotte and Mount Airy by way 
of Mooresville, Statesville and Elkin. He also operates from Statesville to 
Mount Airy over U. S. Highways Nos. 64 and 601 by way of Mocksville. 
In addition to the aforesaid operating rights, the applicant is the president, 
general manager and largest stockholder of Blizard Motor Express, Inc., 
which said corporation operates from Mount Airy to Greensboro by way 
of Winston-Salem. The two companies share joint terminal and pick-up 
equipment at Mount Airy. They use through billing, interchange trailers, 
and in so far as convenience to the public is concerned, operate as one 
company. 

The proposed route is not presently served by any motor vehicle fran- 
chise carriers. It provides a more direct route to Mocksville and Cooleemee 
from both Charlotte and Winston-Salem. It offers promise of better service 
to and from the Mocksville-Cooleemee area, and at a substantial saving of 
time and operating equipment. A number of citizens from this area appeared 
at said hearing and offered testimony to the effect that the proposed service 
was needed, and would be used. The testimony in opposition to said appli- 



Decisions and Adjustments of Complaints 313 

cation was not convincing. Public convenience and necessity, saving of 
operating time and conservation of equipment, clearly warrant a grant 
of the rights requested. It is, therefore, 

Ordered, (1) That the application of J. Wesley Lowther, trading as 
Lowther Trucking Company, for motor vehicle franchise rights to trans- 
port property from Mooresville to Winston-Salem, and return, over State 
Highway No. 801 and U. S. Highways Nos. 601 and 158, by way of Barber, 
Cooleemee, Mocksville and Clemmons, be, and the same is hereby, granted, 
and that the certificate of said applicant be amended accordingly upon 
compliance by the applicant with the rules of the Commission and the 
law with respect to filing equipment specifications and insurance. 

(2) That the authority herein granted will not be construed as vacating 
or modifying in any manner the restrictions upon the operating rights of 
the applicant between Charlotte and Statesville, as set out in his fran- 
chise certificate. 

(3) That unless exceptions are filed to the findings and order herein 
within ten days from the date hereof, the same will become effective as 
the findings and order of the full Commission. 

This the 6th day of May, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission: 
R. 0. Self, Chief Clerk. 

Docket No. 1975. 



PETITION OF J. WESLEY LOWTHER d/b/a LOWTHER TRUCKING 
COMPANY TO SELL HIS OPERATING RIGHTS IN CERTIFICATE 
NO. 480 NORTH OF CHARLOTTE TO W. P. BILLINGS AND J. E. 
CAUDILL d/b/a PIEDMONT MOUNTAIN FREIGHT LINES. 

Order 

This matter came on for hearing by the full Commission at 2 p.m. 
o'clock on September 24, 1942. Mr. Lowther represented himself in person 
and the purchasers were represented by Mr. J. H. Whicker, Attorney at 
Law, North Wilkesboro, North Carolina. 

The petitioners presented a contract dated September 7, 1942, and a sup- 
plementary contract dated September 14, 1942, between the contracting 
parties transferring the operating rights in Certificate No. 480 north of 
Charlotte and certain equipment set out in bill of sale dated September 7, 
1942. The Commission heard evidence with reference to the agreements 
between the parties to the contract and suggested that if the parties 
would further agree between themselves as set forth in Supplementary 
Agreement No. 2, dated September 24, 1942, the transfer would be approved. 
The contracting parties agreed to execute Supplementary Agreement No. 
2 and then, in the presence of the Commission, signed same, copy of which 
is retained in the files in Docket No. 2767 and by this reference is made a 
part hereof; therefore, 



314 N. C. Utilities Commission 

It is ordered that the application for sale be granted in accordance with 
the agreements executed and presented, and it is further 

Ordered that the purchasers file rates for the routes covered and give 
the Commission the date of acquisition in order that the proper records 
may be made in this office; and it is further 

Ordered that the intrastate Certificate No. 480 north of Charlotte now 
held by J. Wesley Lovirther, d/b/a Lowther Trucking Company, be can- 
celled as of the date that the Piedmont Mountain Freight Lines acquires 
and takes over the rights herein involved. 
This 24th day of September, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the North Carolina Utilities Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2767. 



APPLICATION OF MR. W. P. McDOWELL, JR., OF ELIZABETH CITY, 
d/b/a McDowell bus line, to operate a bus for EMPLOY- 
EES OF NAVY YARD AT PORTSMOUTH, VIRGINIA, FROM ELIZA- 
BETH CITY TO PORTSMOUTH. 

Order 

This cause arises, upon the above named application, in which the 
applicant desires to operate a bus because of the automobile and tire 
rationing program, from Elizabeth City and vicinity, and South Mills, 
to Navy Yards in Portsmouth, for the transportation of Navy Yard em- 
ployees. These employees have been using their own automobiles for 
this service, but now are forced to ban together and obtain a bus because 
of the war emergency regulation. 

We have looked into this matter and find that the application is in good 
faith, and also find that the granting of same is in the interest of the 
public and is necessary for the prosecution of the war. Therefore, 

It is ordered that the petition be granted and that certificate be issued 
when the applicant has furnished equipment specifications and insurance. 

Stanley Winborne, Chairman 
Freh) C. Hunter, Commissioner. 
This 17th day of March, 1942. 

By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2570. 



APPLICATION OF MOTOR TRANSIT COMPANY TO OPERATE FROM 
HENDERSON TO NORLINA VIA U. S. HIGHWAY NO. 1 AND FROM 
NORLINA TO WELDON VIA U. S. HIGHWAY NO. 158. DOCKET 
NO. 1611. 



Decisions and Adjustments of Complaints 315 

APPLICATION OF UNITED EXPRESS COMPANY TO OPERATE 
FROM HENDERSON TO RALEIGH VIA U. S. HIGHWAY NO. 1; 
FROM RALEIGH TO DURHAM VIA HIGHWAY NO. 70; FROM 
DURHAM TO OXFORD VIA HIGHWAY NO. 15, AND FROM OXFORD 
TO HENDERSON OVER HIGHWAY NO. 58. DOCKET NO. 1828. 

Order 

This cause arises upon two applications; one by the Motor Transit 
Company in Docket No. 1611, in which the applicant asks for authority 
to operate from Henderson to Norlina via U. S. Highway No. 151 and 
from Norlina to Henderson via U. S. Highway No. 158, and Docket No. 
1828, in which the United Express Company requests authority to operate 
from Henderson, N. C, to Raleigh over U. S. Highway No. 1 ; from Raleigh 
to Durham, via Highway No. 70; from Durham to Oxford, via Highway 
No. 15; and from Oxford to Henderson over N. C. Highway No. 58. 

These applications were heard on March 8, 1940, and the Motor Transit 
Company was represented by Ruark and Ruark, Attorneys of Raleigh, 
N. C, and the United Express Company was represented by Erwin B. 
Watkins, Attorney, of Henderson, N. C. 

The D. D. Jones Transfer and Warehouse Company, the Seaboard Airline 
Railway, and the R. & D. Motor Express, opposed the applications. W. C. 
Harris, Jr., Attorney, of Raleigh, represented D. D. Jones Transfer and 
Warehouse Company. Murray Allen of Raleigh represented the Seaboard 
Airline Railway Company. Ruark and Ruark, Attorneys of Raleigh, rep- 
resented the R. & D. Motor Express in opposition to the United Express 
Company, but were also attorneys for the applicant, the Motor Transit 
Company, whose interests do not conflict in this application. 

The cases were consolidated by agreement. 

The attorney for the United Express Company took the position that 
unless the Motor Transit Company was granted a certificate, he would 
not insist upon his application being considered, as the history of this appli- 
cation is, that it was made after the application of the Motor Transit 
Company, who is seeking franchise over the route of the United Express 
Company, and that the application of the United Express Company was 
made over the lines of the Motor Transit Company solely for the purpose 
of offsetting the effect of the application of the Motor Transit Company 
to operate over the franchise route of United Express Company. 

The weight of the evidence of the Motor Transit Company was to the 
effect that it could not transfer shipments to the United Express Company 
for the reason that it could not get settlement on C.O.D.'s and other inter- 
line charges. 

Applicant's witness in Docket No. 1611, Mr. H. L. English, stated that 
he was with the Standard Oil Company in Greensboro, N. C, in charge of 
the tire division, and that his company had occasionally shipped tires from 
Greensboro to points beyond Henderson on the line applied for by the Motor 
Transit Company, and that the granting of the application of the Motor 
Transit Company would greatly facilitate shipments from Greensboro to 
Weldon and points between Weldon and Warrenton. 



316 N. C. Utilities Commission 

Mr. R. H. McKinney, witness in Docket No. 1611, testified that he lived 
in Greensboro, and was connected with the Western Auto Supply Company, 
and that he was familiar with the track transportation service out of Greens- 
boro and it would be to interest of his company to ship over the lines of 
Motor Transit Company to the points named in the application. 

Witness Charles W. Strickland, of Greensboro, connected with the Prox- 
imity Manufacturing Company's shipping department, stated that they had 
occasion to ship to points between Henderson and Weldon, but that he 
used carriers other than the Motor Transit Company and United Express 
Company. 

The applicant in Docket No. 1611 also presented witnesses M, V. Cannon, 
of Durham, who is in the wholesale plumbing and heating business; O. O. 
Blackwood, of Raleigh, who handles automobile accessories; L. K. Ward, 
of Raleigh, who handles wholesale plumbing and heating appliances, and 
all advocated the granting of the franchise to the Motor Transit Company. 
R. L. Flannigan, of Richmond, Virginia, of the Manchester Board and 
Paper Company with branch at Roanoke Rapids, stated that they had a 
situation which was very unsatisfactory; that they unfortunately had not 
checked the transportation facilities before they invested about $400,000 
in Roanoke Rapids because it was a station on a local railroad line; that 
their commodity was not of a perishable nature but was easily damaged 
by transfer from one line to another and that any service which would 
give them a direct shipment facility from point of origin to place of destina- 
tion, would be a great advantage and was greatly needed by his company. 

Many other witnesses supported the application of Motor Transit Com- 
pany. 

Witnesses Sam Watkins, W. S. Goodwin, and Hugh Jones of Henderson, 
testified that the service of the United Express Company is ample, and 
that they do not need additional service from there, and that the service 
offered by the United Express Company is in their opinion satisfactory 
to the public. 

Witness Claude Cannon of Roanoke Rapids, a representative of Leggett 
Department Store, stated that the service to them by the United Express 
Company had been very good. 

Witness L. R. Acree of Littleton, representative of McPherson Bros., 
dealers in carbonated beverages, stated that the service of United Express 
Company was very satisfactory to them. 

Witness W. T. Watkins of Warrenton stated that he was a retail 
hardware dealer and that the United Express Company's service was very 
satisfactory. Witness A. A. Williams, a dealer in building supplies, stated 
that the United Express Service was very satisfactory. Witness R. G. 
Young, for himself as operator of United Express Company, testified that 
he had invested from $25,000 to $30,000 in the business and that during 
the previous year he had taken in around $13,000 or $14,000, and that 
another operator doing business in that section as the only point over 
which he operated without intrastate competition, would affect his company 
greatly, by reducing his revenue. 

It is apparent from the evidence, that the applicant in Docket No. 1828 
would not have made his application to run into Raleigh and Durham if 



Decisions and Adjustments of Complaints 317 

it had not been for the application in Docket No. 1611 being filed. While 
the evidence indicates that the witnesses are of the opinion that use would 
be made of the Motor Transit Company's operation if this application were 
granted, at the same time, it is not thought that the same shippers who 
would use the service if this application were granted to Motor Transit 
Company, are greatly inconvenienced now, because they are located not so 
far distant from the territory affected, and can reach it by not more than a 
two-line haul. The greatest indication of need for the service in Docket 
No. 1611 was evidenced by witness Flannigan, in which he stated that 
his company had made considerable investment in Roanoke Rapids, but 
was somewhat limited in shipments from that point. This town, and towns 
along the highway from Roanoke Rapids to Warrenton are now served by 
the Motor Transit Company in interstate service, and it is thought that 
the evidence is in favor of the Motor Transit Company serving the city 
of Roanoke Rapids, and particularly the Manchester Board and Paper 
Company in intrastate service in connection with its interstate service 
for points west and south of Henderson. This will not deprive the United 
Express Company of its single line hauls originating on its line. This 
restriction is being imposed for the reason that witnesses from towns along 
the line testified that they do not need additional service, therefore, it is 
found as a fact that the application in Docket No. 1611, the Motor Transit 
Company to serve the town of Roanoke Rapids as stated above is in the 
public interest, and it is further found as a fact that the application of 
the United Express Company in Docket No. 1828 is not found to be 
in the public interest, therefore, it is 

Ordered, that that portion of the application of the Motor Transit Com- 
pany in Docket No. 1611 which will include the City of Roanoke Rapids 
for shipments to and from points west and south of Henderson, and par- 
ticularly the Manchester Board and Paper Company, be granted, and that 
in all other respects the said application shall be denied, and it is 

Further ordered, that the application in Docket No. 1828, the United 
Express Company be hereby denied, and it is 

Further ordered, that upon presentation, the Certificate No. 292 of the 
Motor Transit Company, now outstanding, be amended to include the city 
of Roanoke Rapids as above specified. 

This the twenty-fourth day of February, 1941. 



Stanley Winborne, Utilities Commissioner. 



By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Dockets Nos. 1611 and 1828. 



APPLICATION OF MOTOR TRANSIT COMPANY. 
Order Overruling Exceptions 

This cause again comes before the Commission upon exceptions, as appears 
of record, to the findings and order made by the Commission in the above 
entitled cause on the first day of May, 1942. 



318 N. C. Utilities Commission 

Upon careful consideration of said exceptions, and each of them, the 
same are hereby overruled. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This 19th day of October, 1942. 



By Order of the Commission : 

R. 0. Self, Chief Clerk. 
Docket No. 2277. 



APPLICATION OF R. S. AND M. B. KOONCE, TRADING AS MOTOR 
TRANSIT COMPANY, FOR AUTHORITY TO TRANSFER FRAN- 
CHISE RIGHTS FROM SAID MOTOR TRANSIT COMPANY TO 
MOTOR TRANSIT COMPANY, A CORPORATION, AND FOR 
AUTHORITY TO HYPOTHECATE A NEW CERTIFICATE AS 
SECURITY FOR A LOAN. 

Order 

This cause arises upon the application of R. S. and M. B. Koonce, 
doing business as Motor Transit Company, to transfer the franchise rights 
of the partnership to Motor Transit Company, a Corporation. 

It is represented to the Commission that the Motor Transit Company 
has become more or less involved in indebtedness on interline accounts 
and C.O.D. collections and that in order to clear the matter up, it is 
desired to incorporate and transfer all the franchise and property rights 
to the corporation and to hypothecate the new certificate to the Durham 
Life Insurance Company for a loan of $60,000 M^ith which to pay all 
indebtedness which the former partnership has incurred in connection with 
its operation under the franchise. 

The applicants in this case have presented to the Commission a bill of 
sale from R. S. Koonce to M. B. Koonce which has given the said M. B. 
Koonce all legal authority necessary to make the aforesaid transfer as 
requested, and pursuant thereto M. B. Koonce has transferred all the rights, 
title and property interest of R. S. and M. B. Koonce in a former partner- 
ship conducted as the Motor Transit Company to the new company, the 
Motor Transit Company, a Corporation, and has made representations 
to the Commission that the new corporation will assume all debts of the 
former partnership, and that all taxes, C.O.D.'s and interline accounts 
over which this Commission has legal jurisdiction in requiring payment 
thereof will be immediately settled upon the receipt of the money for 
which the hypothecation is to be authorized; therefore 

It is ordered that the petition be granted and that the franchise certifi- 
cate formerly held by R. S. and M. B. Koonce, trading as Motor Transit 
Company, be transferred to Motor Transit Company, a Corporation, M. B. 
Koonce, President, and that certificate be issued to the name of the new 
corporation, and that the old certificate be cancelled and that the new 
corporation become liable for all the obligations of the former partnership; 
and it is 



Decisions and Adjustments of Complaints 319 

Further ordered that the new certificate in the name of Motor Transit 
Company, a Corporation, before it is released to the Corporation, have a 
notation thereon that the Commission authorizes its hypothecation to the 
Durham Life Insurance Company as collateral securing said loan of $60,000 ; 
and it is 

Further ordered that said $60,000 loan be applied first to the payment 
of debts and obligations of said partnership, and that only the balance 
remaining after payment of the same be used by the said Corporation 
for other purposes; and it is 

Further ordered that when said loan has been satisfied by the Motor 
Transit Company, a Corporation, that the Durham Life Insurance Company 
notify this Commission in order that it may cancel such authorization for 
hypothecation; and it is 

Further ordered that within thirty days from the date of this order, 
the Motor Transit Company, a Corporation, direct its proper officers to file 
with this Commission a financial statement, and in addition thereto, report 
all C.O.D.'s and interline accounts and taxes which have been paid, and 
all amounts due but not paid. 

This 30th day of June, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, CoTumissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission : 
R. O. Self, Chief Clerk. 

Docket No. 2689. 

APPLICATION OF C. D. NOBLETT CARS TO OPERATE AS FOLLOWS: 
LEAVE UNION BUS STATION, PATTON AVENUE, ASHEVILLE, 
ALONG PATTON AVENUE TO CLINGMAN AVENUE AND DOWN 
CLINGMAN AVENUE OUT HAYWOOD ROAD TO SAND HILL 
ROAD; OUT SAND HILL ROAD BY ENKA AND ENKA LAKE TO 
CANDLER; FROM CANDLER ALONG PISGAH ROAD TO FOOT 
OF PISGAH MOUNTAIN AND RETURN. 

Order 
Before the Full Commission. 
Appearances: 

Applicant : 

Cecil C. Jackson, Attorney, Asheville, N. C. 
Protestant: 

T. A. Uzzell, Jr., of Johnson and Uzzell, Attorneys, Asheville, N. C, 
for Smoky Mountain Stages, Inc. 

William Edgerton, Attorney, Enka, N. C, for Enka Corporation. 

Hunter, Commissioner: 

This application for franchise rights to transport passengers by motor 
vehicle over the route described in the caption was filed on February 23, 
1939, and came on for hearing before the full Commission on June 15, 
1942. The portion of said route described as the Sand Hill Road is now 



320 N. C. Utilities Commission 

served by the Smoky Mountain Stages, Inc., under franchise rights granted 
by the Commission on May 26, 1941, on an application which was filed 
on March 1, 1938, and heard on May 13, 1941, as will appear by reference 
to Docket No. 1228. 

The present applicant and the American Enka Corporation contend that 
they did not receive notice of the hearing of the application in said Docket 
No. 1228, and for that reason attack the validity of the franchise granted 
in said cause. 

Smoky Mountain Stages, Inc., and the American Enka Corporation 
protest the granting of franchise rights in the instant case over that 
portion of said route described as the Sand Hill Road; the Smoky Moun- 
tain Stages, Inc., on the grounds, (1) that it has a valid franchise over 
said road under the order made in said Docket No. 1228 and, (2) that it 
is in a position to render any service required over said road ; the American 
Enka Corporation on the grounds, (1) that it has some special interest in 
said road not common to the public in general and, (2) that any franchise 
over the same would limit, if not make unlawful, the operations of non- 
franchise carriers engaged in transporting its employees to and from its 
plant at Enka, which is located on said road. 

Facts Found Supporting the Application 

The Sand Hill Road, the only portion of the proposed route in con- 
troversy, leads out of Asheville in a westerly direction and is about five 
and one-half miles long, about one mile of which is within the city 
limits of Asheville. It forms a loop to the south off of U. S. Highway 
No. 19, leaving said highway in Asheville and leading back into said high- 
way about one mile west of Enka. The Pisgah Road, the portion of said 
route not in controversy, leads from said Sand Hill Road at Enka in a 
southerly direction to the foot of Pisgah Mountain, a distance of about 
eight miles. The plant of the American Enka Corporation, at which some 
3,000 people are employed, is located at the intersection of said roads, the 
point herein referred to as Enka. Enka was built by said corporation 
and now is a town of about 200 people, mostly foremen and plant main- 
tenance employees. 

The route in question is valuable to carriers because of the large number 
of employees who travel daily to and from said plant at Enka. Some 800 
of said employees live along said Pisgah Road, and a large number in 
Asheville. The working force at said plant is constantly changing in 
response to the call of men for military service, necessitating travel by a 
large number of prospective employees to and from said plant. In addition 
to these, the members of the families of employees and others living along 
said route require public transportation facilities. 

The applicant lives in Asheville. He owns and operates two buses over 
the proposed route, one 24-passenger bus and one 28-passenger bus, making 
four round trips daily between Asheville and Pisgah Mountain, and has 
maintained a transportation service over said route since 1939. His principal 
business is the transportation of industrial workers to and from Enka, 
but he does not so limit his service. He is not a licensed franchise carrier, 
does not carry insurance on his buses as required of franchise carriers. 



Decisions and Adjustments of Complaints 321 

but operates over a regular route, on regular schedules, and is performing 
the kind of transportation service for which a franchise is required by- 
law. While his present operations are unlawful, not being licensed to per- 
form this character of service, his service over a period of three years 
justifies a finding of public convenience and necessity therefor. He operated 
over said route before any franchise was granted over any portion of the 
same and has established a needed and dependable service of which the 
public should not now be deprived. 

The Protest of Smoky Mountain Stages, Inc. 

This protest is not without merit, but insufficient in the opinion of the 
Commission to warrant an exclusive franchise right over said Sand Hill 
Road. The protestant operates out of Asheville over U. S. Highway No. 19 
to Waynesville and beyond and its schedules are set up to accommodate 
passengers traveling to and from more distant points than Enka. It does 
not serve the people living along the Pisgah Road who need transporta- 
tion not only to Enka but to Asheville, the trading center of Western North 
Carolina, Moreover, there is no bus station maintained at Enka and Section 
3 (f ) of the Motor Vehicle Carrier Act vests in the Commission the power 
in such cases to route operators to a city in which there is a bus station, 
if within twenty-five miles, and it would seem an abuse of power on the 
part of the Commission to decline to do so here, the distance between Enka 
and the city limits of Asheville being only three and one-half miles. 

The Protest of the American Enka Corporation 

The Sand Hill Road was constructed about fifteen years ago as an 
inducement for the American Enka Corporation to locate its plant at its 
present site, which is now known as Enka. Said road has since been used 
principally to serve said corporation and its employees, and it feels that 
it has some proprietary interest therein. 

Said corporation does not provide houses for its employees. They live 
in Buncombe, Haywood, Madison, Henderson and Transylvania Counties 
and travel to and from said plant daily. A large numer of buses operate 
in and out of Enka, some of which are owned and operated by the employees 
themselves and carry other workers to and from the plant, and some are 
operated as a business carrying employees to and from Enka, and also carry 
members of their families, prospective employees and others living in the 
outlying sections who desire to go to Enka or Asheville. This arrangement 
has proven satisfactory to said corporation and its employees, and said 
corporation is opposed to any franchise rights over said Sand Hill Road, 
its construction of the law being that any franchise over said road will 
make such operations over the same unlawful, but that so long as said 
road is free of franchise rights such operations are lawful. 

Said Sand Hill Road is a public highway and cannot be excepted from 
the provisions of the Motor Vehicle Carrier Act. The provisions of Chapter 
111, Public Laws of 1935, passed at the instance of said corporation, do 
not relate to said Sand Hill Road or any other highway, but rather to the 
transportation of industrial workers to and from certain described plants, 
and then only as to motor vehicles used exclusively for that purpose. 
So long as carrier transports only industrial workers to and from the plant 



322 N. C. Utilities Commission 

at Enka in a motor vehicle used exclusively for that purpose, he may do 
so over any highway of the State without a franchise certificate for such 
operations. The law gives such a carrier no other or further rights, and 
certainly the Commission cannot. 

The fact that a franchise has not been granted over a highway does not 
relieve an operator of the duty of obtaining a franchise certificate before 
beginning a transportation service of the character described by the Motor 
Vehicle Act. If it did the entire Act should be set at naught by the 
election of carriers to not apply for and obtain franchise certificates. It 
is the character of the service to be performed that determines whether 
an operator should have a franchise certificate, or only a for-hire tag, 
and not the existence or non-existence of a franchise over the route he 
proposes to operate. 

Upon consideration of all the testimony, we conclude that the facts and 
the law applicable thereto support the application, and that the same should 
be granted. It is, therefore. 

Ordered, that the application of C. D. Noblett, trading as C. D. Noblett 
Cars, for motor vehicle franchise rights to transport passengers over the 
Sand Hill Road and the Pisgah Road via Enka from the city limits of 
Asheville to the foot of Pisgah Mountain, and return, be granted, and the 
proposed route within the city of Asheville to be approved or rerouted by 
the municipal authorities in their discretion; that a franchise certificate be 
issued to said applicant upon his first complying with the law and the 
rules of the Commission with respect to filing insurance, rates and sched- 
ules with and for the approval of the Commission. 

This the 20th day of October, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, CoTiiTnissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 1547. 



PETITION OF NORFOLK SOUTHERN RAILROAD COMPANY TO 
OPERATE TRUCKS FOR THE TRANSPORTATION OF INTRA- 
STATE FREIGHT AND EXPRESS BETWEEN CANDOR AND 
ELLERBE OVER HIGHWAY NO. 220, AS A SUBSTITUTE FOR 
RAIL OPERATION, PARALLELING THAT RAIL LINE. 

Order 

This application was filed but not heard awaiting hearing by Joint 
Board No. 103 of the Interstate Commerce Commission, which has been 
approved by the Interstate Commerce Commission, and interstate rights 
granted thereon. 

Inasmuch as no other local carrier appears to be interested in this opera- 
tion between these two points, this Commission is of the opinion that it 
should find convenience and necessity, particularly for small seasonal move- 
ments, and grant the right requested, subject to hearing upon complaint. 



Decisions and Adjustments of Complaints 323 

Therefore, it is ordered that the operating right applied for be and 
the same is hereby granted, subject to hearing upon complaint, and that 
the certificate now held by the Norfolk Southern Railroad Company be 
so amended upon presentation, when the applicant in this case, has other- 
wise complied with the provisions of the law, and the rules and regulations 
contained therein. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This 4th day of June, 1942. 



By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2121. 



APPLICATION OF THE NORFOLK SOUTHERN BUS CORPORATION 
TO OPERATE AS MOTOR VEHICLE CARRIER OF PASSENGERS 
FROM EDENTON TO THE VIRGINIA-NORTH CAROLINA STATE 
LINE VIA N. C. HIGHWAY NO. 32 AND RETURN SAME ROUTE, 
SERVING HANCOCK, VALHALLA, GLIDEN, SUNBURY AND COR- 
APEAKE AS OFF-ROUTE POINTS. 

Order 

The applicant in this cause seeks franchise rights to operate as motor 
vehicle carrier of passengers between Edenton and the Virginia-North 
Carolina State Line, over State Highway No. 32, serving certain inter- 
mediate and off-route points. 

The cause was heard, pursuant to proper notice, on the 2nd day of 
October, 1941, at 10:00 a.m., before Commissioner Tucker. Chairman Win- 
borne and Commissioner Hunter did not sit on the hearing. There were 
no protestants. 

Appearances: 

Simms & Simms, Raleigh, N. C, for the Applicant. 

Tucker, Commissioner: It appears from the testimony presented that the 
applicant is at present operating over this route in interstate commerce, 
under authority of the Interstate Commerce Commission, as a part of its 
main line operation from Edenton to Suffolk; that if this application is 
granted, people in Edenton and at intermediate points between Edenton 
and the Virginia State Line could use the interstate buses for transporta- 
tion on this route within the State; that there is a public demand from 
people in the territory covered in this application for the service. The 
applicant recited as further evidence of public convenience and necessity 
that a franchise over this route had been granted by this Commission 
in Docket No. 1388 to the Edenton-Mackeys Ferry Bus Line, which franchise 
had been allowed to lapse through failure to operate. Therefore, it is 

Ordered that the application of the Norfolk Southern Bus Corporation 
for franchise certificate to operate as motor vehicle carrier of passengers 
from Edenton to the Virginia-North Carolina State Line via N. C. Highway 
No. 32 and return same route, serving Hancock, Valhalla, Gliden, Sunbury 
and Corapeake as off-route points, be and the same is hereby granted. 



324 N. C. Utilities Commission 

Certificate No. 308, now outstanding in the name of the Norfolk Southern 
Bus Corporation, will be amended, upon presentation to the Commission, 
and upon compliance with the rules and regulations set down by the 
Commission, to include the route applied for. And it is 

Further ordered that this cause having been heard before less than 

the full Commission, the findings and order herein made will become the 

findings and order of the full Commission at the expiration of ten days 

from the date hereof, unless exceptions are filed thereto within said period. 

This 8th day of October, 1941. 

Stanley Winborne, Chairman 
Harry Tucker, Commissioner 
By Order of the Commission: Fred C. Hunter, Commissioner. 

R. O. Self, Chief Clerk. 
Docket No. 2248. 

APPLICATION OF NORFOLK SOUTHERN RAILROAD COMPANY 
TO OPERATE AS MOTOR VEHICLE CARRIER FROM THE NORFOLK 
SOUTHERN RAILROAD'S FREIGHT STATION LOCATED IN ASHE- 
BORO VIA CITY STREETS TO U. S. HIGHWAY NO. 220 TO CAN- 
DOR; THENCE VIA N. C. HIGHWAY NO. 211 TO PINEHURST; 
THENCE VIA U. S. HIGHWAYS NOS. 15 AND 501 TO ABERDEEN, 
AND ALL INTERMEDIATE STATIONS, RETURNING VIA SAME 
ROUTES. 

Order 

The Norfolk Southern Railroad Company, applicant herein, seeks intra- 
state franchise rights to operate as motor vehicle carrier in the handling 
of less than carload freight, mail and light express, for the purpose of 
furnishing more efficient and expeditious service to the general public 
through the coordination of its present rail service with motor vehicle 
service over the routes and between the points above indicated. 

The application, as outlined above, came on for hearing before the full 
Commission on the 22nd day of May, 1941, and was considered in con- 
nection with an application of Earl's Transfer, Docket No. 2157, and the 
decision herein rendered upon the testimony in both cases, as stipulated 
at said hearing. 
Appearances : 

For the Applicant: 

Simms & Simms, Raleigh, North Carolina. 
C. H. Ware, Norfolk, Virginia. 
For the Protestants: 

Willis Smith, Raleigh, North Carolina. 

W. E. Miller, Asheboro, North Carolina, for Earl's Transfer, 

Ruark & Ruark, Raleigh, North Carolina, for Motor Transit Co., 

Helms Motor Express, Fredrickson Motor Express, Colonial Motor 

Freight, Central Motor Freight, P. & F. Motor Lines, Miller Motor 

Express, Great Southern Trucking Co., and Thurston Motor Lines. 



Decisions and Adjustments of Complaints 325 

Hunter, Commissioner: The Commission finds from the testimony that 
the Norfolk Southern Railroad Company has provided rail transportation 
from Asheboro to Aberdeen for more than twenty-five years, and now 
maintains stations at ten intermediate points between Asheboro and Aber- 
deen; that within recent years a modern hard surface highway has been 
constructed from Asheboro to Aberdeen paralleling said railroad and touch- 
ing said intermediate points, and that trucks operating over said highway 
and through the area served by the applicant have diverted the tonnage 
available to said applicant to the extent that it seriously endangers the 
continued operation of said railroad. 

The Commission further finds that the applicant now operates a motor 
truck service from Candor to Ellerbe in lieu of rail service for less than 
carload shipments, obviating the necessity of operating freight trains 
except for carload shipments as the demands require; that the need for a 
like service by motor truck for less than carload shipments to and from 
the points designated in said application appears from the applicant's 
Exhibit No. 4, showing average intrastate tonnage of 2.03 tons per day for 
the twelve stations on its said line from Asheboro to Aberdeen, and for 
which it uses freight cars with a carrying capacity of fifty tons, and said 
exhibit further shows that the average daily revenue for less than carload 
shipments over said line is $14.97. 

The Commission further finds that the principal business of the appli- 
cant consists of carload shipments of peaches, lumber, furniture, sand, and 
other products and materials not easily handled or desired by truck opera- 
tors, and that said carload shipments are necessary to the development of 
sections served; that the revenue of the applicant has been depleted by truck 
operations, making it necessary to curtail expenses in the less remunerative 
less than carload shipments in order to maintain its service in carload 
shipments, and upon consideration of all the testimony the Commission finds 
that public convenience and necessity exists for the coordination of rail 
service with motor vehicle service in handling freight, mail and express 
between Asheboro and Aberdeen. It is, therefore. 

Ordered: (1) That the receivers of the Norfolk Southern Railroad Com- 
pany be, and they are hereby, granted motor vehicle franchise rights to 
transport freight, mail and express over U. S'. Highway No. 220 and State 
Highway No. 211 to and from stations and from station to station on their 
rail line between Asheboro and Aberdeen; that all freight shipments under 
the rights herein granted shall be deemed rail shipments, made on the 
applicant's regular bills of lading and at rail rates. 

(2) That the applicant shall report to the Commissioner of Revenue of 
North Carolina, at such times and on such forms as the Commissioner of 
Revenue may require, its gross revenue from motor vehicle and rail opera- 
tions within the State on all shipments which move over any part of the 
public highways of the State, and the proportion that said highway mileage 
bears to the total mileage of said shipments within the State. 

(3) That this order shall become effective and a certificate issued upon 
compliance with the rules and regulations of the Commission relative to 



326 N. C. Utilities Commission 

the filing of insurance, equipment specifications and other prerequisites 
set out in the Statutes. 

This 20th day of September, 1941. 

Stanley Winborne, Chairman 
Harry Tucker, Commissioner 
Fred C. Hunter, Commissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2262. 

APPLICATION OF NORFOLK SOUTHERN BUS CORPORATION FOR 
FRANCHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE 
CARRIER OF FREIGHT AND PASSENGERS FROM ELIZABETH 
CITY TO WEEKSVILLE VIA N. C. HIGHWAY NO. 170 AND ON LAT- 
ERAL ROADS CONNECTING N. C. HIGHWAY NO. 170 WITH THE 
COAST GUARD BASE AND THE BLIMP BASE, RETURN SAME 
ROUTE. 

Order 

This case was heard before Commissioner Tucker on October 10, 1941^ 
Chairman Winborne and Commissioner Hunter being absent, but they 
concur in the findings and order as set forth herein. The granting of the 
franchise for the movement of freight to the applicant was protested by 
Stallings Transfer Service. Other than this, there were no protestants. 

Appearances : 

S'imms & Simms, Raleigh, N. C, for the Applicant. 
Ruark & Ruark, Raleigh, N. C, for Stallings Transfer Service, 
Protestants. 

Tucker, Commissioner: The necessity for both passenger and freight 
service by motor vehicles over the route applied for is twofold; First, Weeks- 
ville is quite a thriving community, and this town and the territory adjacent 
to it need motor vehicle service under normal conditions; second, the estab- 
lishment, recently, of a Blimp Base and a Coast Guard Station in the vicinity 
of Weeksville has increased the normal demand for motor vehicle service 
from Elizabeth City. 

There were some eight witnesses who appeared on behalf of the appli- 
cant and gave testimony as to the public convenience and necessity that 
would be served by the granting of the franchise applied for. The testi- 
mony further shows that the Norfolk Southern Bus Corporation now 
operates into Elizabeth City from the north and east as motor vehicle 
carrier of passengers and freight; that it maintains terminal facilities in 
Elizabeth City and has pick-up trucks which will enable it to make ready 
deliveries of freight to Weeksville and to the Blimp Base. The applicant 
likewise has sufficient equipment and other facilities for operating the 
franchise, if the application is granted. 

It is found that the protestant, the Stallings Transfer Service, has made 
application for franchise to operate as motor vehicle carrier of freight 
over a number of highway routes in the northeastern part of North Caro- 
lina, and that a portion of its application includes "to National Defense 



Decisions and Adjustments of Complaints 327 

projects near Elizabeth City for delivery, receipt, and/or interchange of 
traffic." The application of the said Stallings Transfer Service (Docket No. 
2265) has already been heard, and there was no specific evidence offered 
in that case as to the necessity for service on the particular route applied 
for by the Norfolk Southern Bus Corporation. The protestant, the said 
Stallings Transfer Service, while indicating through the examination of 
applicant's witnesses that it could render the service applied for, did not, 
on the other hand, offer any witnesses in support of its contention. Under 
these circumstances, there seems to be no reason why the application 
of the Norfolk Southern Bus Corporation for franchise over this route 
should not be granted, since public convenience and necessity has clearly 
been shown in the testimony at the hearing. Therefore, it is 

Ordered that the application of the Norfolk Southern Bus Corporation 
for franchise certificate to operate as motor vehicle carrier of freight and 
passengers from Elizabeth City to Weeksville via N. C. Highway No. 170 
and on lateral roads connecting N. C. Highway No. 170 with the Coast 
Guard Base and the Blimp Base, return same route, be and the same is 
hereby granted. Certificate No. 308, now outstanding in the name of the 
Norfolk Southern Bus Corporation will be amended, upon presentation to 
the Commission and upon compliance with the rules and regulations set 
down by the Commission, to include the route here applied for. And it is 

Further ordered that this cause having been heard before less than 
the full Commission, the findings and order herein made will become the 
findings and order of the full Commission at the expiration of ten days 
from the date hereof, unless exceptions are filed thereto within said 
period. 



Stanley Winborne, Chairman 
Harry Tucker, Covi^nissioner 
Fred C. Hunter, Commissioner. 



This 18th day of October, 1941. 



By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2283. 



APPLICATION OF THE NORFOLK SOUTHERN BUS CORPORATION 
FOR FRANCHIS'E RIGHTS t'o OPERATE OVER N. C. HIGHWAY 
NO. 30 AND U. S. HIGHWAY NO. 17 BETWEEN SOUTH MILLS AND 
SUNBURY. 

Order 

This cause arises upon the above application to operate over N. C. High- 
way No. 30 between Sunbury and the intersection of said N. C. Highway 
No. 30 with U. S. Highway No. 17 south of South Mills. This link will give 
Elizabeth City and the people in Gates County bus connection on a short 
route which will eliminate the necessity for the citizens of either place 
going through Portsmouth, Virginia, or Edenton, North Carolina, to reach 
their destinations. The Norfolk Southern operates over N. C. Highway No. 
30 between Edenton, North Carolina, and Suffolk, Virginia, and also between 



328 N. C. Utilities Commission 

Edenton, North Carolina, and Portsmouth and Norfolk over U. S. Highway- 
No. 17 through Elizabeth City. This link will enable the Company to give 
better service in that vicinity than has been possible heretofore. 

The people of Elizabeth City are very anxious for this service. The Daily 
Advance, the leading daily paper published in Elizabeth City, has been 
agitating this matter for several years. It is evident from the facts given 
this Commission that the granting of the application is in the public 
interest and the Commission so finds this as a fact; therefore, it is 

Ordered, that the petition be granted and that the certificate now held 
by the Norfolk Southern Bus Corporation be amended upon presentation. 
Service is hereby authorized to begin on Tuesday, March 10, 1942. 

This 10th day of March, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner. 

By Order of the Utilities Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2562. 



AN AGREEMENT BETWEEN THE NORFOLK SOUTHERN BUS COR- 
PORATION AND THE NORTH CAROLINA PULP COMPANY FOR 
TRANSPORTATION OF EMPLOYEES'. 

Approval of Agreement 

Upon consideration of an agreement entered into between the Norfolk 
Southern Bus Corporation and the North Carolina Pulp Company, dated the 
30th day of April, 1942, providing for the transportation of employees of 
the said North Carolina Pulp Company from Williamston and Cresswell 
and intermediate points to their places of employment at Plymouth, and 
the Commission being of the opinion and finding that said agreement is in 
the public interest and will provide needed transportation for said employees 
and others in the area of the proposed service, said agreement is hereby 
approved by the Commission; Provided, however, that Paragraph 6 thereof 
shall not be construed as authorizing or permitting any different rate, 
charge, accommodation or service as between said employees and others 
requesting transportation. 



This 2nd day of June, 1942. 



By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2668. 



Stanley Winborne, Chairman 
Fred C. Hunter, Coynmissioner 
R. G. Johnson, Commissioner. 



Decisions and Adjustments of Complaints 329 

APPLICATION OF HARRY E. NUTTING OF WINSTON-SALEM FOR 
FRANCHISE CERTIFICATE AUTHORIZING THE OPERATION OF 
MOTOR VEHICLES FOR TRANSPORTATION OF PASSENGERS 
OUTSIDE THE CORPORATE LIMITS OF WINSTON-SALEM SOUTH- 
WARDLY ON HOLTON STREET EXTENSION TO THE WAUGH- 
TOWN-CLEMMONS ROAD; THENCE WESTWARDLY ON THE 
WAUGHTOWN-CLEMMONS ROAD AND CONTINUING TO N. C. 
HIGHWAY NO. 150; THENCE NORTHEASTWARDLY ON N. C. 
HIGHWAY NO. 150 TO ARCADIA AVENUE EXTENSION. 

Order 

This application was heard on July 15, 1941, by Harry Tucker, Com- 
missioner, sitting alone. This is an application for franchise certificate to 
operate as motor vehicle carrier of passengers outside the corporate limits 
of Winston-Salem, said operation to be in conjunction with an operation 
inside the city limits. 

Appearances: 

For the Applicant: 

Hansen L. Hester, Winston-Salem, N. C. 

No Protestants. 

Tucker, Commissioner: The applicant presented a certified copy of a 
franchise from the Board of Aldermen of the City of Winston-Salem for 
rights to operate over a certain route in that city. 

The applicant presented several witnesses who testified that the service 
applied for, if granted, would be in the interest of public convenience and 
necessity, and the Commission so finds. Therefore, it is 

Ordered, that the applicant be and he hereby is granted a franchise as 
a motor vehicle carrier of passengers to operate outside the corporate 
limits of Winston-Salem over the following routes: Beginning at the south- 
west corner of Liberty and Third Streets and proceeding south on Liberty 
Street to Walnut Street; thence west on Walnut Street to Marshall Street; 
thence south on Marshall Street to Park Avenue; thence west on Park 
Avenue to Broad Street; thence south on Broad Street to Acadia Avenue; 
thence west on Acadia Avenue to Holton Street; thence south on Holton 
Street to city limits; and continuing south on Holton Street, sometimes called 
Connoak Drive, to the Waughtown-Clemmons Road; thence westwardly 
with the Waughtown-Clemmons Road to N. C. Highway No. 150, some- 
times called SaHsbury Road; thence northeastwardly with the Salisbury 
Road to the city limits and continuing to Acadia Avenue; thence eastwardly 
with Acadia Avenue to Broad Street; thence north on Broad Street to 
Park Avenue; thence east on Park Avenue to Marshall Street; thence north 
on Marshall Street to Walnut Street; thence east on Walnut Street to 
Liberty Street; thence north on Liberty Street to First Street; thence 
west on First Street to Trade Street; thence north on Trade Street to Third 
Street; thence east on Third Street to bus zone and place of beginning. 
And it is 

Further ordered, that upon filing of proper insurance and upon compli- 
ance with the prerequisites set out in the statute certificate shall be issued 
to cover the above outlined routes. And it is 



330 N. C. Utilities Commission 

Further ordered, that service over the above outlined routes shall begin, 
as set out in the law, within thirty days from date of issuance of said 
certificate. 

This 23rd day of July, 1941. 

Stanley Winborne, Chairman 
Harry Tucker, Commissioner 
By Order of the Commission: Fred C. Hunter, Commissioner. 

R. O. Self, Chief Clerk. 
Docket No. 2222. 

NO. 2585, APPLICATION OF THE OTEEN BUS COMPANY, INC., FOR 
FRANCHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE 
CARRIER OF PASSENGERS FROM ASHEVILLE ON PRESENT 
FRANCHISE ROUTE TO HAW CREEK SCHOOL; THENCE U. S. 
HIGHWAY NO. 70 APPROXIMATELY 500 YARDS TO OLD HAW 
CREEK ROAD; THENCE OLD HAW CREEK ROAD TO MILLER'S 
STORE; THENCE EAST TO HIGHWAY NO. 70 AT BEVERLY HILLS; 
THENCE HIGHWAY NO. 70 TO INTERSECTION GRASSY BRANCH 
ROAD AT U. S. VETERANS HOSPITAL, OTEEN; THENCE GRASSY 
BRANCH ROAD TO RICEVILLE; THENCE RICEVILLE TO FARM 
SCHOOL; THENCE BEE TREE ROAD VIA U. S'. HIGHWAY NO. 70 
TO SWANNANOA; THENCE TO BEACON MANUFACTURING COM- 
PANY. 

NO. 2622, APPLICATION OF QUEEN CITY COACH COMPANY FOR 
FRANCHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE 
CARRIER OF PASSENGERS FROM JUNCTION OF COUNTY ROAD 
AND U. S. HIGHWAY NO. 70 (JUST EAST OF THE DIVISION OF 
U. S. HIGHWAYS NOS. 70 AND 74) VIA COUNTY ROAD BY MIL- 
LER'S STORE TO JUNCTION OF SAID COUNTY ROAD AND U. S. 
HIGHWAY NO. 70, A DISTANCE OF 1.5 MILES; THENCE VIA U. S. 
HIGHWAY NO. 70 TO MAIN ENTRANCE TO OTEEN HOSPITAL 
KNOWN AS GRASSY BRANCH ROAD; THENCE FROM JUNCTION 
OF U. S. HIGHWAY NO. 70 AND GRi^SSY BRANCH ROAD AT 
OTEEN GATE VIA GRASSY BRANCH ROAD TO ALEXANDER'S 
STORE AT RICEVILLE, A DISTANCE OF 3.6 MILES; THENCE VIA 
GRASSY BRANCH ROAD BY BEREA BAPTIST CHURCH AND FARM 
SCHOOL AND SWANNANOA PRESBYTERIAN CHURCH TO JUNC- 
TION OF GRASSY BRANCH ROAD AND U. S. HIGHWAY NO. 70. 

Order 
Before Chairman Winborne and Commissioner Hunter. 

The two applications for motor vehicle franchise rights, as outlined 
above, cover substantially the same highways. The application in Docket 
No. 2585 was filed on March 26, 1942, and the application in Docket No. 
2622 was filed on April 17, 1942, and were heard at the same time on 
May 27, 1942, by consent. 
Appearances : 

R. G. Cherry, Gastonia, N. C, for Queen City Coach Company. 
George H. Ward, Asheville, N. C, for Oteen Bus Company. 



Decisions and Adjustments of Complaints 331 

Hunter, Commissioner: It appears from the testimony that approxi- 
mately 350 people living along the Grassy Branch Road are employed at 
the plant of the Beacon Manufacturing Company at Swannanoa. Prior to 
the rationing of automobile tires and gasoline said employees traveled to 
and from their said place of employment in their own private cars, and will 
again use their own private cars when restrictions are removed and private 
automobiles may again be used. Until such time public transportation facili- 
ties will be required to meet the needs of said employees and others living 
along said highway. It does not appear advisable or in keeping with proper 
conservation of equipment for both of said applicants to operate over said 
Grassy Branch Road, and the services of both are not required to meet the 
demands for travel. The Oteen Bus Company filed its application first, is 
qualified to perform the service required, and is now performing a similar 
local service between Oteen and Asheville and in a satisfactory manner. 

The testimony fails to show public convenience and necessity for addi- 
tional transportation facilities or for additional operating rights between 
Oteen and Johnston's Store over U. S. Highway No. 70. It is, therefore, 
ordered : 

1. That the application of Oteen Bus Company in Docket No. 2585 for 
authority to transport passengers from Oteen to the plant of the Beacon 
Manufacturing Company at Swannanoa over the Grassy Branch Road via 
Riceville and Farm School, and return over the same route, be and the same 
is hereby granted, upon condition, however, that said rights shall terminate 
and all operations thereunder cease within six months after peace is 
declared; that in all other respects said application is hereby denied. 

2. That the application of Queen City Coach Company in Docket No. 
2622 be and the same is hereby denied. 

3. That unless exceptions are filed to the findings and order herein within 
ten days from the date hereof the same will become effective as the find- 
ings and order of the full Commission. 

This the 4th day of June, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Coinmissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Dockets Nos. 2585 and 2622. 

PETITION OF PARKWAY BUS COMPANY, INC., GALAX, VIRGINIA, 
TO PURCHASE OPERATING RIGHTS OF E. O. WOODIE d/b/a 
SALISBURY-MOUNT AIRY COACH COMPANY, SALISBURY, N. C. 

Order 

This cause arises upon the application of the Parkway Bus Company, 
Inc., of Galax, Virginia, holder of Franchise Certificate No. 486, to pur- 
chase the operating rights of E. O. Woodie d/b/a Salisbury-Mount Airy 
Coach Company, Salisbury, N. C, holder of Franchise Certificate No. 479. 

The Commission is acquainted with both of these operations and the 
individuals composing the companies and it is found that public conven- 



332 N. C. Utilities Commission 

ience and necessity will be served by granting the application; therefore, 
it is 

Ordered, that the petition be granted and that the Parkway Bus Com- 
pany, Inc., is hereby authorized to purchase the franchise of E. O. Woodie 
d/b/a Salisbury-Mount Airy Coach Company and that Certificate No. 
479, now held by E. 0. Woodie d/b/a Salisbury-Mount Airy Coach Com- 
pany be transferred to Parkway Bus Company, Inc. 

This November 1, 1940. 

Stanley Winborne, Utilities Commissioner. 

By Order of the Commissioner: 

R. 0. Self, Chief Clerk. 
Docket No. 2114. 



APPLICATION OF THE PARKWAY BUS COMPANY, INCORPORATED, 
TO OPERATE A BUS BETWEEN ROCKWELL, N. C, AND VICINITY, 
AND OVER N. C. HIGHWAY NO. 152 TO CHINA GROVE, N. C; 
THENCE OVER U. S. HIGHWAYS' NOS. 29 OR 29-A TO KANNAPOLIS 
WITH CLOSED DOORS ON U. S. HIGHWAYS NOS. 29 AND 29-A. 

Order 

This cause arises upon the above application at the solicitation of parties 
in Rockwell and vicinity who have contacted the applicant who states that 
he has a bus which he can furnish for the purpose desired, and that opera- 
tion will be solely for the transportation of workers in the Kannapolis 
(and vicinity) mills and for the duration of the war emergency. 

The Commission has looked into the matter and has been assured that 
the application is made in good faith at the instance of the Mayor of the 
Town of Rockwell, and after consultation with the workers of that vicinity 
who desire to live at home and go to and from the mills referred to above 
during the war emergency. These workers have been going to and from 
the mills in their own cars, but since both cars and tires are now being 
rationed by the Government, other arrangements for transportation have 
become necessary; therefore, it is 

Ordered: (1) That the petition be granted for periods of three years 
at a time for the duration of the war and not to exceed six months there- 
after, with the continuing right of the Commission to cancel this authority 
for cause. 

(2) That the applicant carry no passengers under this authority except 
those originating in and between the towns of Rockwell, N. C, on N. C. 
Highway No. 152 east of China Grove, and that no passengers be picked 
up at the mills for the return trip to Rockwell and vicinity except employees 
of the mills. 

(3) That certificates be issued when the applicant has complied with the 
provisions of the law by filing equipment specifications and insurance. 

This the 10th day of March, 1942. 

Stanley Winborne, Chairman 
By Order of the Commission: Fred C. Hunter, Commissioner. 

R. O. Self, Chief Clerk. 
Docket No. 2557. 



Decisions and Adjustments of Complaints 333 

APPLICATION OF THE PERSON TRANSPORTATION COMPANY, IN- 
CORPORATED, OF ROXBORO, NORTH CAROLINA, TO OPERATE 
FROM ROXBORO, TO SURL'S CHURCH TO KNAP OF REEDS' TO 
THE CENTER OF BUTNER CAMP; OR FROM ROXBORO TO 
BAHAMA TO THE CENTER OF BUTNER CAMP. 

Order 

This cause arises upon the above application to operate as outlined in 
the caption. Copy of the application was served upon Mr. Claud E. Jessup, 
Virginia Stage Lines, of Charlottesville, Virginia, who operates from Rox- 
boro to Durham over N. C. Highway No. 501, and the matter was discussed 
with Mr. Summers who operates from Danville, Virginia, to Roxboro, 
North Carolina, and on Saturdays and Sundays from Roxboro to Oxford, 
who stated that he had no objection to the operation of this application 
from Roxboro to the point on Highway No. 158 where he would turn off 
to the Camp. 

This cause came on for hearing on the 23rd day of February, 1942, in 
the office of the Commission, and in accordance with the evidence presented, 
it appears that the applicants are financially qualified and are willing to 
render the service from Roxboro to the Camp as requested, therefore the 
Commission finds as a fact from the evidence that the granting of the 
application will be in the interest of public convenience and necessity; 
therefore, it is 

Ordered, that the petition be granted and that the applicant be given 
a certificate for the period of the duration of the war emergency and for 
six months thereafter; and it is further 

Ordered, that certificate be issued when the petitioner has filed his equip- 
ment specifications, insurance and rates for approval by the Commission 
in accordance with law. 

This the 23rd day of February, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, ComTnissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2529. 



D. 2610: APPLICATION OF PIEDMONT COACH CO. TO OPERATE 
FROM BADIN OVER N. C. HIGHWAY NO. 740 TO NEW LONDON; 
THENCE N. C. HIGHWAY NO. 49A TO INTERSECTION OF N. C. 
HIGHWAY NO. 49; THENCE N. C. HIGHWAY NO. 49 TO INTER- 
SECTION OF N. C. HIGHWAY NO. 49 AND N. C. HIGHWAY NO. 8; 
N. C. HIGHWAY NO. 8 TO LEXINGTON. 



334 N. C. Utilities Commission 

D. 2686: APPLICATION OF PIEDMONT COACH CO. TO OPERATE 
FROM MT. PLEASANT OVER N. C. HIGHWAY NO. 49 TO THE 
INTERSECTION OF N. C. HIGHWAY NO. 49A VIA RICHFIELD. 

Order 

Before the Full Commission. 

Applications for motor vehicle franchise rights to transport passengers 
over highways and between the points designated in the caption came on 
for hearing before the full Commission on the 29th day of June, 1942. 

Appearances : 

For the Applicant: 

H. H. Hardison, Wadesboro, N. C. 
For the Protestant: 

Carolina Coach Co. — Arch T. Allen, Raleigh, and Wm. B. Umstead, 
Durham, N. C. 

Hunter, Commissioner: It appears from the testimony offered by Mr. 
H. H. Hardison, President of the Piedmont Coach Co., in support of appli- 
cation in Docket No. 2610, that a number of employees live along the pro- 
posed route between Badin and New London and along State Highway No. 
8 between Lexington and S'tate Highway No. 49, and work at the aluminum 
plant located at Badin; that approximately 371 families live along said 
State Highway No. 8, and that said highway and the people along said 
highway are not now served by any motor vehicle carrier; that said witness 
further testified in effect that the people living along said proposed route 
had made requests for transportation to the town of Lexington and also 
to the aluminum plant at Badin, and will use the proposed service if made 
available. In support of the application in Docket No. 2686 Mr. Hardison 
testified that approximately 120 families lived along State Highway No. 
49 between Mount Pleasant and the intersection of said Highway No. 49 
with 49A, and that said proposed route is not presently served by any 
motor vehicle franchise carrier, and would shorten the distance between 
Burlington and Concord some eight or nine miles, making the distance 
between Burlington and Concord approximately 98 miles. Mr. W. G. Hum- 
phrey, Traffic Manager for Carolina Coach Co., protestant, offered testimony 
to the effect that the proposed route described in Docket No. 2686 would 
constitute a parallel line in competition with the protestant between Bur- 
lington and Concord, the distance over the protestant's line between said 
points, by way of Greensboro, Lexington and Salisbury, being approxi- 
mately 100 miles. Mr. Humphrey further stated in his testimony that public 
convenience and necessity does not now exist for the rights applied for in 
either of said applications. 

Upon consideration of all the testimony the Commission is of the opinion 
and finds from the testimony that while said two routes between Burlington 
and Concord are parallel, or approximately so, that they are about twenty- 
five miles apart, and the grant of said applications would result in little, 
if any, competition between said carriers; and the Commission further 
finds from the testimony that public convenience and necessity is clearly 
shown from the evidence for the rights applied for. It is, therefore. 



Decisions and Adjustments of Complaints 335 

Ordered that the application in Docket No. 2610 to operate from Badin 
over N. C. Highway No. 740 to New London; thence N. C. Highway No. 49 A 
to intersection of N. C. Highway No. 49; thence N. C. Highway No. 49 to 
intersection of N. C. Highways Nos. 49 and 8; N. C. Highway No. 8 to 
Lexington, be and the same is hereby granted; Second, that the applica- 
tion in Docket No. 2686, to operate from Mt. Pleasant over N. C. Highway 
No. 49 to the intersection of N. C. Highway No. 49A via Richfield, be and 
the same is hereby granted. 



Stanley Winborne, Chairman 
Fred C. Hunter, CoTnmdssioner 
R. G. Johnson, Commissioner. 



This 30th day of June, 1942. 



By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Dockets No. 2610 and 2686. 



APPLICATION OF W. P. BILLINGS AND JAMES E. CAUDILL, d/b/a 
PIEDMONT MOUNTAIN FREIGHT LINE TO OPERATE FROM 
NORTH WILKESBORO TO STATESVILLE OVER N. C. HIGHWAY 
NO. 115 AND RETURN. 

Order 

Before Commissioner Hunter. 

After due notice this cause came on for hearing on the 29th day of May, 
1942, the same being an application for motor vehicle franchise rights to 
transport property over State Highway No. 115 from North Wilkesboro 
to Statesville, and return. 

Appearances : 
Applicant: 

W. P. Billings, Piedmont Mountain Freight Line, N. Wilkesboro, N. C. 
Protestants : 
None. 

Hunter, Commissioner: The applicants now hold intrastate rights be- 
tween North Wilkesboro and Statesville over State Highways Nos. 16 and 
90 via Moravian Falls and Taylorsville. The proposed route between said 
points over said Highway No. 115 will not encroach upon the franchise 
rights of other carriers, is the most direct route between said points and 
will provide a needed transportation service for a number of merchants 
and farmers along said highway. Additional equipment will not be required 
to provide the service contemplated by the application. 

There being no opposition to the proposed service, and the evidence 
tending to show public convenience and necessity therefor, it is ordered: 

(1) That the application of W. P. Billings and James E. Caudill, d/b/a 
Piedmont Mountain Freight Line, for motor vehicle franchise rights to 
transport property from North Wilkesboro to Statesville, and return, 
over State Highway No. 115, be and the same is hereby granted. 



336 N. C. Utilities Commission 

(2) That unless exceptions are filed hereto within ten days from the 
date hereof, the findings and order herein will become effective as the 
findings and order of the full Commission. 
This the 4th day of June, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
By Order of the Commission : R. G. Johnson, Co'mmissioner. 

R. 0. Self, Chief Clerk. 
Docket No. 2421. 

APPLICATION OF QUEEN CITY COACH COMPANY TO OPERATE 
AS MOTOR VEHICLE CARRIER OF PASSENGERS FROM CHAR- 
LOTTE TO NEWTON VIA HIGHWAYS NOS. 271 AND 73 VIA 
DENVER. 

Order 
Before Commissioner Hunter. 

This application, heard on the 27th day of January, 1942, seeks motor 
vehicle franchise rights to transport passengers from Charlotte to Hickory 
and return over State Highway No. 16 via Denver, Newton and Startown. 
The application as filed and advertised did not include that portion of said 
highway between Newton and Hickory, and as to that portion of said 
highway the applicant asks for only such rights as may be granted under 
the facts stated. 
Appearances : 

For the Applicant : 

K. J. Kindley, Charlotte, North Carolina. 
W. C. Feimster, Newton, North Carolina. 
W. E. Smith, Albemarle, North Carolina. 
Also Present: 

I. M. Bailey, Raleigh, North Carolina. 

Hunter, Commissioner: Certain links of said highway have recently been 
completed and said highway is now of modern hard surface construction, 
is the shortest, most direct route between Charlotte and Hickory, and 
traverses densely populated sections of Mecklenburg, Lincoln and Catawba 
Counties. A large number of prominent citizens from said counties appeared 
at said hearing and offered testimony to the effect that the people living 
along said highway were without public transportation facilities, that large 
numbers traveled daily from their homes in the country to and from their 
places of employment in Charlotte, Newton and Hickory, and that the 
limited sale of new automobiles and tires made it imperative that said 
application be granted and that the proposed service be established. There 
was also much testimony to the effect that failure to grant operating rights 
between Newton and Hickory would greatly inconvenience the traveling 
public, and ample testimony from which the Commission may find, and does 
find, public convenience and necessity for the service proposed, it is therefore 

Ordered: (1) That the application of the Queen City Coach Company 
for motor vehicle franchise rights to transport passengers over State High- 
way No. 16 from Charlotte to Newton, and return, be and the same is 
hereby granted, and that the applicant's certificate be amended accord- 



Decisions and Adjustments of Complaints 337 

ingly; that the said applicant be granted permission to extend its service, 
without franchise rights, over said highway from Newton to Hickory, and 
return, subject to the right of the Commission, in its discretion, to vacate 
said permit upon protest thereto. 

(2) That the findings and order herein shall become effective as the 
findings and order of the full Commission unless exceptions are filed thereto 
within ten days from the date hereof. 

This the 7th day of February, 1942. 

Stanley Winborne, Chairman 

By Order of the Commission : Fred C. Hunter, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 871. 

IN THE MATTER OF DREXEL, N. C, AS OFF-ROUTE POINT FOR 
QUEEN CITY COACH COMPANY, OPERATING OVER U. S. HIGH- 
WAY NO. 70-64 BETWEEN HICKORY AND MORGANTON, N. C. 

Order 

During the hearing of Docket No. 2235, the application of Burke Transit 
Company, to operate within the corporate limits of Morganton, and from 
Morganton to Salem, Petersburg, Oak Hill, Stamey's Service Station, 
and to Drexel, it developed that the petitioner and the Queen City Coach 
Company had come to certain agreements which would permit the Burke 
Transit Company to operate over U. S. Highway No. 70-64 and about one 
mile off of said route to Drexel; but it was further developed during the 
hearing that, while the Queen City Coach Company is serving Drexel, it 
does not have a specific franchise from this Commission to operate over 
the route between U. S. Highway No. 70-64 to the town of Drexel, but since 
the town of Drexel is dependent upon U. S. Highway No. 70-64 and the 
Queen City Coach Company holds the exclusive franchise on said U. S. 
Highway No. 70-64 at this time, it was thought proper to grant the right 
to the Queen City Coach Company to operate from said U. S. Highway 
No. 70-64 to Drexel, and in turn to approve the agreement between the 
Queen City Coach Company and the Burke Transit Company in order 
that the Burke Transit Company may transport workmen from the town 
of Morganton over said U. S. Highway No. 70-64 to Drexel and return, 
therefore, it is 

Ordered, that the certificate of the Queen City Coach Company, No. 240, 
be amended to include that part of U. S. Highway No. 70-64 and Drexel. 

The foregoing order is made in the discretion of the Commission under 
the law, because the town of Drexel is not more than one mile off the 
main highway, and that it is not practicable for any company other than 
the Queen City Coach Company to give the town of Drexel such direct 
service. 

Dated at Raleigh, N. C, this May 23rd, 1941. 

Stanley Winborne, Chairman 
Harry Tucker, Coinmissioner 

By Order of the Commission: Fred C. Hunter, Comwiissioner. 

R. O. SEI.F, Chief Clerk. 

Dockets Nos. 2235 and 2307. 



338 N. C. Utilities Commission 

APPLICATION OF QUEEN CITY COACH COMPANY TO OPERATE 
AS PASSENGER MOTOR VEHICLE CARRIER FROM CHARLOTTE 
TO WAXHAW VIA N. C. HIGHWAY NO. 16 AND FROM WAXHAW 
TO MONROE VIA N. C. HIGHWAY NO. 75. 

Order 

This is an application for motor vehicle franchise rights to transport 
passengers from Charlotte via Weddington, Waxhaw and Mineral Springs 
to Monroe, North Carolina, and return, over State Highways Nos. 16 and 
75. The cause was heard, after due notice as required by law, on the 9th 
day of September, 1941. Chairman Winborne and Commissioner Tucker 
did not participate in the hearing. 
Appearances : 

For the Applicant : 

K. J. Kindley, Charlotte, N. C. 

Hunter, Commissioner: The evidence tends to show and the Commis- 
sion finds that the applicant is one of the larger motor vehicle passenger 
franchise carriers of the state, owning and operating a large fleet of 
modern equipped motor buses in and out of Charlotte and between Charlotte 
and Monroe over U. S. Highway No. 74; that State Highways Nos. 16 
and 75 are within the area presently served by the applicant, and are the 
only highways between U. S. Highway No. 74 and the South Carolina line 
not now served by passenger franchise carriers; that the said towns of 
Weddington, Waxhaw and Mineral Springs, all located on the route pro- 
posed, are rapidly growing towns surrounded by rich and populous agri- 
cultural sections; that many people in said towns and along said route are 
engaged in business in Charlotte or in Monroe, and, along with others, require 
the services of a motor vehicle passenger carrier as a public convenience 
and necessity in their respective communities; that no opposition was 
offered to the application. It is, therefore. 

Ordered that the application by the Queen City Coach Company for 
motor vehicle franchise rights to transport passengers from Charlotte via 
Weddington, Waxhaw and Mineral Springs to Monroe, North Carolina, and 
return, over State Highways Nos. 16 and 75 be and the same is hereby 
granted, and that the franchise certificate be amended accordingly. And it is 

Further ordered that this cause having been heard before less than the 
full Commission, the findings and order herein made will become the find- 
ings and order of the full Commission at the expiration of ten days from 
the date hereof, unless exceptions are filed thereto within said period. 

This 30th day of September, 1941. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Commissioner. 

By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2317. 



Decisions and Adjustments of Complaints 339 

APPLICATION OF QUEEN CITY COACH COMPANY TO PURCHASE 
THE FRANCHISE RIGHTS OF THE WACCAMAW STAGES, INCOR- 
PORATED, BETWEEN CHARLOTTE, N. C, AND THE NORTH CAR- 
OLINA-SOUTH CAROLINA STATE LINE. 

Order 

Now comes the Queen City Coach Company, and makes application for 
the purchase of the Waccamaw Stages, Incorporated, which holds Franchise 
Certificate No. 468, to operate a passenger bus line from the South Carolina 
State Line near Tabor City to Clarkton, via U. S. Highway No. 701. 

The application was not set for hearing for the reason that the operation 
of this company was originally financed by the Queen City Coach Company 
and the Queen City Coach Company has provided for it to operate from 
Clarkton to Fayetteville in conjunction with its own operation, and for 
the further reason that it has been so closely interwoven with and related 
to the operation of the Queen City Coach Company that it is generally 
considered by the public to be a part and parcel thereof. 

The applicant is represented by Mr. K. J. Kindley, General Counsel, 
for the Queen City Coach Company, who also handles legal matters for the 
Waccamaw Stages, Incorporated, and the Commission having sufficient evi- 
dence before it, finds that the granting of this application is in the public 
interest, therefore, it is 

Ordered that the purchase be approved, and that the applicant fur- 
nish this office with a copy of the agreement entered into with the Waccamaw 
Stages, Inc., for the purchase of said Certificate No. 468, and it is 

Ordered further, that the Commission be notified of the date the pur- 
chase becomes effective, and the operation is taken over by the Queen 
City Coach Company. 

This the fifth day of August, 1941. 

Stanley Winborne, Chairman 
Harry Tucker, Commissioner 

By Order of the Commission: Fred C. Hunter, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 2348. 

APPLICATION OF QUEEN CITY COACH COMPANY TO OPERATE 
FROM FAYETTEVILLE TO ELIZABETHTOWN VIA N. C. HIGH- 
WAY NO. 87. 

Order 

Before Commissioner Hunter. 

This is an application for a certificate of public convenience and necessity 

to transport passengers by motor vehicle over State Highway No. 87 between 

Elizabethtown and Fayetteville, North Carolina. After notice, as required 

by law, the cause came on for hearing on the 27th day of January, 1942. 

Appearances : 

For the Applicant: 

K. J. Kindley, Charlotte, North Carolina. 

Hunter, Commissioner: Under date of July 29, 1939, Docket No. 1446, 
the Waccamaw Stages, Inc., was granted temporary authority to transport 



340 N. C. Utilities Commission 

passengers by motor vehicle over said highway between Elizabethtown 
and Fayetteville, which said rights were extended from time to time until 
the 5th day of August, 1941, at which time the said Waccamaw Stages, 
Inc., sold certain franchise rights, including any rights it might have over 
said highway between Elizabethtown and Fayetteville, to the Queen City 
Coach Company, which said sale was approved by the Commission, as will 
appear by reference to Docket No. 2348. The Waccamaw Stages, Inc., and 
its successor, the Queen City Coach Company, have maintained regular 
bus schedules over said highway and between said points continuously from 
the granting of said temporary rights in 1939 until the date hereof. As 
shown by the testimony of the applicant, the average revenue per mile 
operated for a period of five months ending November 30, 1941, was 
.1890 cents. The existence of public convenience and necessity for the 
rights requested are well established and demonstrated from the experience 
of the applicant and its predecessor in their operations over said highway. 
The said highway involved in said application is well within the area served 
by the applicant, is a link in its larger intrastate operations, and its rights 
thereto were unopposed by other carriers. It is therefore 

Ordered: (1) That the application of the Queen City Coach Company for 
a certificate of public convenience and necessity to transport passengers 
by motor vehicle over State Highway No. 87 from Elizabethtown to Fayette- 
ville and return be, and the same is hereby, granted, and that its franchise 
certificate be amended accordingly, 

(2) That the finding and order herein made will become the finding and 
order of the full Commission unless exceptions are filed thereto within ten 
days from the date hereof. 

This the 7th day of February, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Docket No. 2351. 

QUEEN CITY COACH COMPANY'S PETITION FOR OPERATION OF 
PASSENGER BUS SERVICE FROM WILMINGTON TO KURES' 
BEACH (ETHEL DOW CHEMICAL COMPANY'S PLANT) VIA 
WINTER PARK AND SEAGATE. 

Order 

This cause arises upon the application of the Queen City Coach Company 
to operate from Wilmington, North Carolina, to Kures' Beach (Ethel Dow 
Chemical Plant) via Second Street to Princess Street; thence from Princess 
Street to Seventeenth Street; thence from Seventeenth Street over Wrights- 
ville Avenue to the junction of Seventeenth Street and Castle Street, and 
thence over the Old Turnpike Highway to the junction of the Old Turn- 
pike Highway and the Belt Road; thence over the Belt Road to Winter 
Park; thence over the Old Shell Road to Seagate; thence over Old Mason- 
boro Road to the junction of U. S. Highway No. 421 and the Old Mason- 
boro Road; thence over the present franchise routes to Kures' Beach and 
Ethel Dow Chemical Plant, via Carolina Beach and Wilmington Beach. 



Decisions and Adjustments of Complaints 341 

At a conference between the representatives of the applicant company 
and the Tidewater Power Company, protestant, the Queen City Coach 
Company's representative agreed to alter its application for a permanent 
franchise from the Union Bus Station in Wilmington by turning south at 
Winter Park over the Masonboro Road to Hewlets Creek, and to leave 
out of the franchise — except for emergency operation for the duration of 
the war for employees of the Ethel Dow Chemical Company and other 
workers — that part of the application from Winter Park over the Old 
Shell Road to Seagate and back to the intersection with the Masonboro 
Road at Hewlets Creek. These changes were agreed to by the representatives 
of the Tidewater Power Company which operates a bus line in the City 
of Wilmington and to Wrightsville Beach via Winter Park, with the under- 
standing that the applicant, the Queen City Coach Company, would make 
the fare to be charged between Wilmington and the Winter Park area, and 
the territory between Winter Park and the forks of the road at Hewlets 
Creek five cents higher than the fare of the Tidewater Power Company. 

From the application, representatives at the conference, and from com- 
munications received from persons interested in the new service, public 
convenience and necessity require the granting of this application for opera- 
tion from Wilmington through Winter Park, with closed doors between 
Winter Park and Wilmington except for persons going beyond Winter Park 
south, via Hewlets Inlet via the Old Masonboro Road to a point intersect- 
ing with U. S. Highway No. 421 south of Myrtle Grove; and for tem- 
porary emergency service between Winter Park and Seagate to Hewlets 
Creek; therefore, it is 

Ordered, that the petition be granted for the applicant to operate from 
Wilmington to Kures' Beach (Ethel Dow Chemical Plant) via Second 
Street to Princess Street; thence from Princess Street to Seventeenth Street; 
thence from Seventeenth Street over Wrightsville Avenue to the junction 
of Seventeenth Street and Castle Street; thence over the Old Turnpike 
Highway to the junction with the Belt Road; thence over the Belt Road to 
Winter Park; thence southeast over the Old Masonboro Road to the junction 
of U. S. Highway No. 421; thence over the present franchise route of the 
Queen City Coach Company to Kures' Beach and the Ethel Dow Chemical 
Company's plant via Carolina Beach and Wilmington Beach; and it is 
further 

Ordered, that the petitioner be, and is hereby, authorized to institute a 
temporary emergency service for the duration of the war and not to 
exceed six months thereafter, unless otherwise cancelled for cause, between 
Winter Park over the Old Shell Road by Seagate to the intersection of 
the Old Masonboro Road west of Hewlets Creek with the limitations imposed 
herein and outlined above; and it is further 

Ordered, that the certificate now held by the applicant, the Queen City 
Coach Company, be amended accordingly on presentation as herein granted. 

This 3rd day of April, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 2538. 



342 N. C. Utilities Commission 

D. 2564: APPLICATION OF QUEEN CITY COACH CO. TO OPERATE 
AS MOTOR VEHICLE PASSENGER CARRIER FROM NEWTON 
GROVE TO RALEIGH AS FOLLOWS: FROM NEWTON GROVE TO 
JUNCTION N. C. HIGHWAY NO. 50 AND U. S. HIGHWAY NO. 70 
VIA N. C. HIGHWAY NO. 50; THENCE FROM SAID JUNCTION 
TO RALEIGH VIA U. S. HIGHWAY NO. 70. 

D. 2578: APPLICATION OF QUEEN CITY COACH CO. TO OPERATE 
AS MOTOR VEHICLE PASSENGER CARRIER FROM CLINTON 
TO ELIZABETHTOWN VIA U. S. HIGHWAY NO. 701. 

Order Overruling Exceptions 

This cause now comes before the full Commission upon exceptions filed 
by the Atlantic Greyhound Corporation and Carolina Coach Company to 
the Order made herein dated the 29th day of June, 1942. 

Upon a review of the record and upon consideration of the said excep- 
tions and the argument of counsel for the respective parties, it is 

Ordered, that the exceptions filed by the Atlantic Greyhound Corpora- 
tion and the Carolina Coach Company be, and the same are, hereby over- 
ruled. 

This 23rd day of September, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, CoTnmissioner 

By Order of the Commission: R. G. Johnson, Commissioner. 

R. 0. Self, Chief Clerk. 

Dockets Nos. 2564 and 2578. 



APPLICATION OF QUEEN CITY COACH COMPANY TO OPERATE 
FROM JUNCTION OF U. S. HIGHWAY NO. 74 AND RAMA ROAD 
TO JUNCTION OF RAMA ROAD AND SARDIS ROAD, A DISTANCE 
OF 1.5 MILES; THENCE OVER SARDIS ROAD TO JUNCTION OF 
SARDIS ROAD AND N. C. HIGHWAY NO. 51, A DISTANCE OF 3.5 
MILES; THENCE OVER N. C. HIGHWAY NO. 51 TO MATTHEWS, 
A DISTANCE OF 1 MILE; THENCE OVER N. C. HIGHWAY NO. 51 
TO JUNCTION OF N. C. HIGHWAY NO. 16 AND N. C. HIGHWAY 
NO. 51, A DISTANCE OF 4 MILES; THENCE OVER PRESENT 
FRANCHISE ROUTE OVER N. C. HIGHWAY NO. 16 TO WEDDING- 
TON; FROM WEDDINGTON OVER N. C. HIGHWAY NO. 84 TO 
JUNCTION OF N. C. HIGHWAY NO. 84 AND N. C. HIGHWAY NO. 
75, A DISTANCE OF 11 MILES; THENCE OVER PRESENT FRAN- 
CHISE ROUTE OVER N. C. HIGHWAY NO. 75 TO MONROE, BY 
ALTERNATE ROUTE OVER SARDIS ROAD BETWEEN RAMA 
ROAD AND STATE HIGHWAY NO. 16. 

Order 
Before Commissioner Hunter: 

This application, heard on the 5th day of August, 1942, seeks motor 
vehicle franchise rights to transport passengers over the routes and between 
the points described in the caption. The alternate route, as above described. 



Decisions and Adjustments of Complaints 343 

over the Sardis Road between the Rama Road and State Highway No. 
16 was added to said application by amendment on the date of said hearing 
without prior notice or advertisement. 

Appearances : 

For the Applicant: 

R. G. Cherry, Gastonia, N. C, for the applicant. 
For the Protestants : 

None. 

Hunter, Commissioner: The applicant now holds passenger franchise 
rights between Charlotte and Monroe over U. S. Highway No. 74, via 
Matthews, and also between said points over State Highways Nos. 16 and 
75, via Weddington, Waxhaw and Mineral Springs. The instant application 
is for rights over highways wholly within the triangle formed by the high- 
ways above named. 

It appears from the testimony that the proposed routes are not now 
served by any franchise carrier, that the area is densely populated and 
that a definite need exists for public transportation facilities, particularly 
for the accommodation of a large number of people who live in the rural 
sections along said proposed routes and who must travel daily to and 
from their places of employment in Charlotte. It appears further from 
the testimony that the applicant has operated over the proposed routes 
for approximately sixty days under a temporary permit granted by the 
Commission at the instance of the people living along said routes, and 
that the extent to which said service has been used, and is now being 
used by the public, demonstrates the public convenience and necessity for 
permanent operating rights. ' 

It is, therefore, 

Ordered: (1) That the application of Queen City Coach Company for 
motor vehicle franchise rights to transport passengers from junction of 
U. S. Highway No. 74 and Rama Road to junction of Rama Road and 
Sardis Road, a distance of 1.5 miles; thence over Sardis Road to junction 
of Sardis Road and N. C. Highway No. 51, a distance of 3,5 miles; thence 
over N. C. Highway No. 51 to Matthews, a distance of 1 mile; thence over 
N. C. Highway No. 51 to junction of N. C. Highway No. 16 and N. C. High- 
way No 51, a distance of 4 miles; thence over present franchise route over 
N. C. Highway No. 16 to Weddington; from Weddington over N. C. High- 
way No. 84 to junction of N. C. Highway No. 84 and N. C. Highway No. 75, 
a distance of 11 miles; thence over present franchise route over N. C. High- 
way No. 75 to Monroe, by alternate route over Sardis Road between Rama 
Road and State Highway No. 16, be and the same is hereby granted, with- 
out prejudice, however, to the right of any party or parties adversely 
affected to subsequently contest the applicant's right to operate over that 
portion of the Sardis Road between the Rama Road and State Highway 
No. 16. 

(2) That the applicant observe the weight limits fixed by the State 
Highway and Public Works Commission for all bridges along the routes 
described in the application herein, and abide by the limits so fixed. 



344 N. C. Utilities Commission 

(3) That the findings and order herein will become effective as the find- 
ings and order of the full Commission unless exceptions are filed thereto, 
as provided by law, within ten days from the date hereof. 
This the 10th day of August, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
By Order of the Commission: R. G. Johnson, Commissioner. 

R. 0. Self, Chief Clerk. 
Docket No. 2693. 

AMENDMENT OF FRANCHISE CERTIFICATE OF THE R. & R. 
TRANSIT COMPANY, ASHEBORO, NORTH CAROLINA. 

Order 

After obtaining a franchise from the City of Asheboro, the R. & R. 
Transit Co. made application to this Commission on June 15, 1938, for a 
franchise certificate to operate a passenger bus from Asheboro to Central 
Falls. This was granted as is evident by franchise certificate No. 465 and 
Docket No. 1336. Later the owners of the company made application to 
this office for extension of this line over Highway No. 49 to the intersection 
of Millboro Road, thence over the Millboro Road to Worthville, for the 
purpose of transporting local people to and from their work. In as 
much as no franchises were outstanding on the roads over which extension 
was desired, the applicant was advised to proceed to operate same and 
present his certificate to this office for amendment. The amendment was 
not made for the reason that the certificate was not presented therefor. 

Now, the applicant brings its certificate for amendment, and upon the 
reason that the applicant has been operating the same for two or more 
years 

It is ordered, that said certificate No. 465 be amended to include that 
part of Highway No. 49 from Central Falls to the intersection of Millboro 
Road, thence over Millboro Road to Worthville. 

This the 9th day of June, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 1336. 

APPLICATION OF R. & R. TRANSIT COMPANY, INC., TO EXTEND 
FROM THE JUNCTION OF THE CEDAR FALLS ROAD AND 
HIGHWAY NO. 64 OVER HIGHWAY NO. 64 EAST V/w MILES TO 
JUNCTION OF HIGHWAYS NOS. 64 AND 64-A; THENCE OVER 
HIGHWAY NO. 64-A TO FRANKLINVILLE, THROUGH FRANK- 
LINVILLE AND ON OVER HIGHWAY NO. 64-A TO RAMSEUR. 

Order Dismissing Application 

The applicant herein and Atlantic Greyhound Corporation having 
reached an agreement as to the operations contemplated in this applica- 
tion, by which said applicant will exercise certain rights under agreement 



Decisions and Adjustments of Complaints 345 

with the Atlantic Greyhound Corporation, which said agreement is dated 
March 12, 1942, and is on file with the Commission, to which reference is 
hereby made. It is therefore 

Ordered that said application be and the same is hereby dismissed. 
This the 4th day of April, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
By Order of the Commission: R. G. Johnson, Commissioner. 

R. 0. Self, Chief Clerk. 
Docket No. 2539. 



APPLICATION OF R. & W. MOTOR LINE TO OPERATE FROM NEW 
BERN TO BRIDGETON OVER U. S. HIGHWAY NO. 17; THENCE 
OVER N. C. HIGHWAY NO. 302 TO BAYBORO; THENCE OVER 
N. C. HIGHWAY 304 TO HOBUCKEN AND RETURN, SERVING 
ALL INTERMEDIATE POINTS. ALSO FOR THE RIGHT TO OPER- 
ATE FROM BAYBORO TO ORIENTAL AND RETURN AND FOR 
THE PRIVILEGE OF SERVING THE OFF-ROUTE POINTS OF 
ARAPAHOE, VANDEMERE, AURORA, WASHINGTON, EDWARD, 
LOWLAND, MINNESOTT BEACH AND JANEIRO. 

Order 

This matter came on for hearing and was heard by Stanley Winborne, 
Utilities Commissioner, sitting alone, in the Hearing Room of the Com- 
mission in the City of Raleigh, and was concluded on December 13, 1940. 

Commissioners Hunter and Tucker, after an examination of the record, 
participated in the conclusions reached in this order, as evidenced by their 
signatures hereto. 

The Norfolk Southern Railroad appeared at the hearing and opposed the 
granting of the application in its entirety. 

Hon. D. L. Ward, New Bern, N. C, Attorney for applicant. 

Messrs. Simms & Simms, Raleigh, N. C, Attorneys for protestants. 

Winborne, Commissioner: The applicant in this cause asked for a 
franchise leading from New Bern to Oriental by way of Grantsboro and 
Bayboro and from Bayboro to Cash Corner; thence to Vandemere and from 
Cash Corner to Hobucken. And also for a franchise from Washington, N. C, 
by way of Aurora and Grantsboro to Minnesott Beach. The highway num- 
bers of the routes over which franchise is asked are set out in the applica- 
tion and in the title of this cause. 

The applicant, R. & W. Motor Line, offered testimony tending to show 
that the Norfolk Southern Railroad, which operates from New Bern through 
Grantsboro, Bayboro and Stonewall to Oriental, was giving only occasional 
and irregular service, inadequate for the needs of the public, and that 
no franchise service of any sort, either by rail or truck, was operated to 
the towns and communities of Maribel, Mesic, Hobucken and Lowland, or 
to Arapahoe and Minnesott Beach. Evidence was also adduced tending to 
prove that while the towns of Aurora, Cash Corner and Vandemere were 
served by the Atlantic Coast Line Railroad, yet neither of these towns had 



346 N. C. Utilities Commission 

direct service into New Bern and that there was great need for common 
carrier service by truck from all of the towns named, and the intermediate 
villages and communities, over the routes in question to New Bern. The 
Atlantic Coast Line Railroad, which operates through Aurora, Cash Corner 
and Vandemere, interposed no objection to the granting of the instant appli- 
cation. 

The applicant offered much testimony in support of the contention of 
George Holton, owner of the applicant Company, that there was need for 
the service applied for. Testimony of witnesses from the various towns in 
question was offered, the composite substance of which was that the towns 
of Hobucken, Mesic and Vandemere and Lowland were thriving fishing 
communities and that at certain seasons of the year the movement of fish 
was very heavy and required for its proper handling frequent, regular and 
dependable carrier service; that at the present time, with the exception of 
Cash Corner and Vandemere, there was no service whatever east of Bayboro 
and that the Coast Line service to Cash Corner and Vandemere was insuf- 
ficient and unsatisfactory for their needs; that neither was there any 
service of any kind to Minnesott Beach or Arapahoe and that Minnesott 
Beach was quite a summer resort and that there was considerable need 
for service there, not only on account of the fishing interest but also for 
the transportation of general merchandise. Much testimony was adduced 
tending to show that the towns along the line of the Norfolk Southern 
Railroad from New Bern to Oriental received only twice-a-week service by 
rail and that not until after the filing of the application of R. & W. Motor 
Line did the Norfolk Southern Bus Corporation begin the operation of 
trucks to supplement its inadequate and irregular rail service. 

The Norfolk Southern Railroad, on the other hand, offered testimony 
tending to show that its business on the Oriental branch, except during 
the Irish potato season, had for many years been unremunerative; that it 
had been providing ample schedules to care for the business it received; 
that at the present time it was supplementing its rail service by daily 
round-trip truck service and that while it is true that the truck service was 
not inaugurated until after the filing of the application in question, yet 
it had long had in mind the operation of trucks on this line from New Bern 
to Oriental and had applied both to the Interstate and State Commissions 
for certificates prior to the filing of the application in this case. 

In addition to the officers of the Company, the protestants offered about 
thirty public witnesses, including several county officials and former county 
officials, professional and business men, who testified that the present 
service of the Norfolk Southern Railroad and Norfolk Southern Bus Cor- 
poration was ample for the needs of the towns served by the Norfolk South- 
ern Railroad. It was their opinion that the railroad was indispensable to 
the county, both from the standpoint of providing transportation for their 
large Irish potato crops and also as one of the largest taxpayers in the 
county, and it was their fear that if there was diverted from the railroad 
and the trucks operated by the railroad any considerable amount of freight, 
that the railroad would seek to discontinue and abandon this branch of its 
line and that, therefore, no franchise should be granted to a competitive 
operator. 



Decisions and Adjustments of Complaints 347 

At the time of the hearing it was not then definitely known that the 
Government would locate at Minnesott Beach, a large defense project which 
has now become a certainty, with the further probability that another 
project may be located in the same section. The increased amount of busi- 
ness, which will result from the location of these defense projects, has 
greatly changed the picture and the Commission takes judicial notice of 
this well known fact, which will contribute a vast amount of new business 
to the railroad and which will also create a demand for other transpor- 
tation facilities to the defense projects. 

After a careful consideration of the entire record in this cause, the Com- 
mission finds the following facts: 

1. That the Norfolk Southern Railroad and the Norfolk Southern Bus 
Corporation are in a position to supply all the service needed between New 
Bern and Oriental and all the intermediate towns located on the railroad. 

2. That convenience and necessity has been shown for truck service from 
New Bern to Maribel, to Cash Corner, to Mesic, to Hobucken and to Low- 
land and from Cash Corner to Vandemere, over Highways Nos. 17, 55, (old 
302), 304 and 307, with closed doors at all points between Maribel and New 
Bern, except for shipments originating at Maribel and points east of Maribel 
destined to points on the Norfolk Southern Railroad and for shipments 
originating at points on the Norfolk Southern Railroad destined to Maribel 
and points east of Maribel. 

3. That convenience and necessity has been shown for the operation of 
a truck line from Washington via Chocowinity and Aurora to Minnesott 
Beach, over Highways Nos. 17, 33 and 306, with closed doors at Grants- 
boro to and from all points on the Norfolk Southern Railroad between New 
Bern and Oriental, unless the shipments originate or are destined to points 
not served by the Norfolk Southern Railroad, and with the further condi- 
tion that no freight shall be received at either Washington or Chocowinity 
(which are served by the Norfolk Southern Railroad) for New Bern or 
vice versa. 

Wherefore it is ordered, that a certificate of convenience and necessity 
be issued to the applicant, R. & W. Motor Line, over the routes as num- 
bered in the caption, in accordance with the findings of fact herein, upon 
the filing with this Commission of the proper insurance and upon the com- 
pliance by the applicant with all of the rules and regulations of the 
Commission. 



This the 8th day of April, 1941. 



Docket No. 2013. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Harry Tucker, Com^missioner. 



RAILWAY EXPRESS AGENCY TRUCK SERVICE FROM ALBEMARLE 
AND SALISBURY TO NORWOOD. 

Order 

This case comes before the Commission on the application of the Rail- 
way Express Agency which requests that the Railway Express Agency be 
permitted, for the duration of the war, to discontinue its regular franchise 



348 N. C. Utilities Commission 

truck operation between Salisbury, N. C, Albemarle, N. C, and Norwood, 
N. C, and that it be permitted to retain its franchise rights over said 
route by furnishing emergency service when such service is deemed neces- 
sary and in the interest of the shipping public. 

It is pointed out in the application that one of the main reasons for the 
change is for the purpose of complying with ODT Order No. 3 in an effort 
to reduce the mileage of the agency on its trucking lines insofar as possible. 

It is also pointed out that ample provision has been made to care for 
regular transportation service between Salisbury, Albemarle and Norwood 
as well as for pick-up and delivery service at Norwood. 

It appearing to the Commission that the proposals of the Railway Express 
Agency will not be detrimental to the shipping public and at the same time 
tend to conserve transportation facilities and transportation material, there- 
fore, it is 

Ordered, that the Railway Express Agency is hereby authorized to 
discontinue regular franchise truck operations between Salisbury, Albemarle 
and Norwood, provided the agency gives emergency service to Norwood 
from Albemarle and Salisbury on shipments which otherwise would be 
unduly delayed unless so handled. It is 

Further ordered that there shall be no lapse of actual performance of 
emergency service by the Railway Express Agency for a greater period 
than thirty days. It is 

Further ordered, that this order shall be in effect on and after August 
31, 1942. 

This 10th day of September, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk 

Docket No. 2758. 



DOCKET NO. 2152: APPLICATION OF PAUL T. RICKS, FROM: (1) 
NEW BERN VIA U. S. HIGHWAY NO. 17 TO VANCEBORO; THENCE 
TO GREENVILLE, PINE TOPS, ROCKY MT., AVENTON, LIBERIA 
AND WARRENTON, TO NORLINA VIA N. C. HIGHWAY NO. 43 AND 
U. S. HIGHWAY NO. 158. (2) FROM GREENVILLE TO OAK CITY 
VIA BETHEL OVER HIGHWAY NO. 11; THENCE TO SCOTLAND 
NECK VIA HIGHWAY NO. 125; THENCE OVER U. S. HIGHWAY 
NO. 258 TO INTERSECTION OF N. C. HIGHWAY NO. 561; THENCE 
OVER N. C. HIGHWAY NO. 561 VIA SPRING HILL AND TILLERY 
TO U. S. HIGHWAY NO. 301; THENCE OVER HIGHWAY NO. 301 VIA 
HALIFAX TO WELDON; THENCE OVER U. S. HIGHWAY NO. 158 
AND N. C. HIGHWAY NO. 47 TO ROANOKE RAPIDS. (3) FROM 
WASHINGTON OVER HIGHWAY NO. 17 TO INTERSECTION OF 
HIGHWAY NO. 102 NEAR WILMER WITH CLOSED DOORS EXCEPT 
FOR PASSENGERS GOING WEST OF WILMER; THENCE OVER 
HIGHWAY NO. 102 VIA CALICO TO AYDEN; THENCE TO MAURY 
AND SNOW HILL TO INTERSECTION OF HIGHWAYS NOS. 58 AND 



Decisions and Adjustments of Complaints 349 

102; THENCE HIGHWAY NO. 58 VIA STANTONSBURG TO WILSON; 
THENCE HIGHWAY NO. 58 TO NASHVILLE AND CASTALIA TO 
INTERSECTION OF HIGHWAYS NOS. 58 AND 56; THENCE HIGH- 
WAY NO. 56 TO LOUISBURG; THENCE OVER HIGHWAY NO. 39 TO 
HENDERSON VIA EPSON. 

DOCKET NO. 2216: SEASHORE TRANSPORTATION COMPANY TO 
OPERATE FROM VANCEBORO TO GREENVILLE VIA CALICO 
OVER HIGHWAY NO. 43. 

DOCKET NO. 2241: VIRGINIA-CAROLINA COACH CO. TO OPERATE 
FROM GREENVILLE TO PINETOPS VIA N. C. HIGHWAY NO. 43 
SERVING BRUCE AND FALKLAND. 

DOCKET NO. 2263: CAROLINA COACH CO. TO OPERATE FROM 
WILSON TO SNOW HILL OVER HIGHWAYS NOS. 264 AND 58 AND 
120; SNOW HILL TO AYDEN HIGHWAY NO. 102; GREENVILLE 
TO BETHEL OVER HIGHWAY NO. 11. 

Interlocutory Order 

The above causes were consolidated for hearing and were heard before 
Commissioners Tucker and Hunter on May 28, 29, 30, and 31, 1941. At the 
close of the evidence for Paul T. Ricks, petitioner in Docket No. 2152, and 
at close of all the evidence, the protestants Seashore Transportation Com- 
pany, Virginia-Carolina Coach Company, Carolina Coach Company, Norfolk 
Southern Railroad Company, and Norfolk Southern Bus Corporation moved 
that petition in said Docket No. 2152 be dismissed, for that: (1) the peti- 
tioner Paul T. Ricks is not the real party in interest, in that, said petitioner 
proposes to transfer the franchise rights applied for a corporation to be 
organized, (2) the evidence is insufficient to support a grant of franchise 
rights, (3) the petitioner failed to publish the notice of said petition and 
the time and place of hearing thereon, as required by law. 

The hearing Commissioners deferred ruling on said motions to the end 
that the same might be considered and passed upon by the full Com- 
mission, and the attorneys for the parties herein having expressed a desire 
to present their respective contentions by oral argument before the Com- 
mission, it is therefore 

Ordered that the above-entitled causes be set for argument before the 
Commission at its hearing room in the City of Raleigh at 10:00 o'clock 
a.m. on the 16th day of July, 1941, at which time the Commission will also 
hear argument for and against said motions. And it is 

Further ordered by the Commission, upon its own motion, that the 
petitioner, Paul T. Ricks, be allowed to publish notice of said petition in 
Docket No. 2152, and pursuant to said notice to again present said petition 
for consideration by the Commission upon the record at the time herein set 
for oral argument. 

This the 16th day of June, 1941. 

FOR THE COMMISSION: 
By Order of the Commission: Fred C. Hunter, Commissioner. 

R. O. Self, Chief Clerk. 
Dockets Nos. 2152, 2216, 2241 and 2263. 



350 N. C. Utilities Commission 

D. 2152: APPLICATION OF PAUL T. RICKS, TO OPERATE FROM (1) 
NEW BERN VIA U. S. HIGHWAY NO. 17 TO VANCEBORO; THENCE 
TO GREENVILLE, PINETOPS, ROCKY MOUNT, AVENTON, LIBERIA 
AND WARRENTON TO NORLINA VIA N. C. HIGHWAY NO. 45 AND 
U. S. HIGHWAY NO. 158. 

(2) FROM GREENVILLE TO OAK CITY VIA BETHEL OVER HIGH- 
WAY NO. 11; THENCE TO SCOTLAND NECK VIA HIGHWAY NO. 
125; THENCE OVER U. S. HIGHWAY NO. 258 TO INTERSECTION 
OF N. C. HIGHWAY NO. 561; THENCE OVER N. C. HIGHWAY NO. 
561 VIA SPRING HILL AND TILLERY TO U. S. HIGHWAY NO. 301; 
THENCE OVER HIGHWAY NO. 301 VIA HALIFAX TO WELDON; 
THENCE OVER U. S. HIGHWAY NO. 158 AND N. C. HIGHWAY TO 
ROANOKE RAPIDS. 

(3) FROM WASHINGTON OVER HIGHWAY NO. 17 TO INTERSEC- 
TION OF HIGHWAY NO. 102 NEAR WILMER WITH CLOSED DOORS 
EXCEPT FOR PASSENGERS GOING WEST OF WILMER; THENCE 
OVER HIGHWAY NO. 102 VIA CALICO TO AYDEN; THENCE TO 
MAURY AND SNOW HILL TO INTERSECTION OF HIGHWAYS NOS. 
58 AND 102; THENCE HIGHWAY NO. 58 VIA STANTONSBURG TO 
WILSON; THENCE HIGHWAY NO. 58 TO NASHVILLE AND CAS- 
TALIA TO INTERSECTION OF HIGHWAYS NOS'. 58 AND 56; 
THENCE HIGHWAY NO. 56 TO LOUISBURG; THENCE OVER HIGH- 
WAY NO. 39 TO HENDERSON VIA EPSON. 

D. 2216: APPLICATION OF SEASHORE TRANSPORTATION CO. TO 
OPERATE FROM VANCEBORO TO GREENVILLE VIA CALICO OVER 
HIGHWAY NO. 43. 

D. 2241: APPLICATION OF VIRGINIA-CAROLINA COACH CO. TO 
OPERATE FROM GREENVILLE TO PINETOPS VIA N. C. HIGHWAY 
NO. 43 SERVING BRUCE AND FALKLAND. 

D. 2263: APPLICATION OF CAROLINA COACH CO. TO OPERATE 
FROM WILSON TO S'NOW HILL OVER HIGHWAYS NOS. 264 AND 
58 AND 102; SNOW HILL TO AYDEN OVER HIGHWAY NO. 102; 
GREENVILLE TO BETHEL OVER HIGHWAY NO. 11. 

Order 

The four applications in Dockets Nos. 2152, 2216 and 2263 were, 
upon agreement of the parties concerned, consolidated and heard before 
Commissioners Hunter and Tucker on May 28, 1941. Commissioner Winborne 
did not sit in this case, but concurs in the findings. Oral arguments were 
heard on the applications on July 16, 1941. 

Since the above hearing, the Carolina Coach Co. and the Virginia Carolina 
Coach Co. have exchanged certain mileage which will transfer to the 
Carolina Coach Co. any rights which may be granted to the Virginia-Carolina 
Coach Co. under this order. 

Appearances : 

Dink James, Greenville, for Paul T. Ricks. 

D. L. Ward, New Bern, for Seashore Transportation Co. 



Decisions and Adjustments of Complaints 351 

William B. Umstead, Durham, Arch T. Allen, Raleigh, M. K. Blount, 
Greenville, for Carolina Coach Co. and Virginia-Carolina Coach Co. 

R. N. Simms, Raleigh, for Norfolk Southern Bus Corp. (Protesting in 
Docket No. 2152.) 

Tucker, Commissioner: The application of Paul T. Ricks, Docket No. 
2152, covers 319 miles. The applications of Seashore Transportation Co., 
Docket No. 2216, Virginia-Carolina Coach Co., Docket No. 2241, and Carolina 
Coach Co., Docket No. 2263, cover a portion of the routes applied for by- 
said Paul T. Ricks. A great number of witnesses from the sections affected 
by the applications appeared and testified that the granting of the applica- 
tions would be in the interest of public convenience and necessity. There 
seemed to be an agreement between all the applicants that, for those por- 
tions of the routes listed in the Ricks application that were also included 
in the applications of the Seashore Transportation Co., Virginia-Carolina 
Coach Co., and Carolina Coach Co., there was a distinct public need for the 
service applied for. There was no such agreement as to those portions of 
the Ricks application extending from Bethel through Hassell, Oak City, 
Hobgood, Scotland Neck, Tillery, Halifax, Weldon, and Roanoke Rapids; 
extending from Rocky Mount through Red Oak, Aventon, Hollister, Liberia 
and Norlina; and extending from Wilson through Nashville, Castalia, and 
to Louisburg. As to these portions of the routes listed in the application 
of Paul T. Ricks, the other applicants attempted to show that public con- 
venience and necessity did not require the granting of franchise over such 
routes for the transportation of passengers. 

The testimony disclosed that parts of the routes covered in the applica- 
tion of said Paul T. Ricks are now served by other franchise carriers; 
that if the application of Ricks were granted, the value of these franchises 
would necessarily be endangered; that, furthermore, by granting the appli- 
cation of the Seashore Transportation Co., the Virginia-Carolina Coach Co., 
and the Carolina Coach Co., a better coordinated passenger service would be 
afforded in the particular sections covered in the application of said Paul 
T. Ricks and the other applicants. 

The evidence in these cases clearly shows that the said Paul T. Ricks 
has applied for a greater number of miles of route than he is financially able 
to operate. For this reason, particularly, it is believed that his application 
for certain portions of the routes, particularly from Rocky Mount to 
Norlina, and from Wilson to Louisburg, should be denied. His application for 
franchise to operate over routes covered in the applications of the other 
carriers should be denied because of duplication of services, and the further 
fact that the present operating companies are in a better position to 
render satisfactory service on those particular routes over which there 
are now no motor carrier passenger facilities. 

Of the routes over which Ricks has applied for franchise, and which do 
not duplicate routes of other carriers, the one from Greenville through 
Bethel, Oak City, Hobgood, Scotland Neck, Tillery, Halifax, Weldon, and 
Roanoke Rapids seems to offer the most possibilities for a profitable opera- 
tion. If Ricks were granted a franchise to operate over this particular 
route, it is believed that it would be possible for him to secure the physical 



352 N. C. Utilities Commission 

equipment and other facilities necessary for the operation. Therefore, from 
a careful consideration of all the facts presented in these several cases, it is 
Ordered: 1. That the application of Paul T. Ricks for franchise to 
operate as motor vehicle carrier of passengers from Greenville to Oak City 
via Bethel over Highway No. 11 ; thence to Scotland Neck via Highway No. 
125; thence over U. S. Highway No. 258 to intersection of N. C. Highway 
No. 561; thence over N. C. Highway No. 561 via Spring Hill and Tillery to 
U. S. Highway No. 301; thence over Highway No. 301 via Halifax to 
Weldon; thence over U. S. Highway No. 158 and N. C. Highway No. 47 to 
Roanoke Rapids be and the same is hereby granted, certificate to issue, 
covering the above outlined routes, upon filing of proper insurance and upon 
compliance with the prerequisites set out in the statute. 

2. That the Seashore Transportation Co. be and is hereby granted fran- 
chise to operate as motor vehicle carrier of passengers from Vanceboro to 
Greenville via Calico over Highway No. 43, certificate No. 122, now out- 
standing in the name of the Seashore Transportation Co., to be amended, 
upon presentation to the Commission and upon compliance with the pre- 
requisites set out in the Statute, to include the above outlined route. 

3. That Virginia-Carolina Coach Co. be and is hereby granted franchise 
to operate as motor vehicle carrier of passengers from Greenville to Pine- 
tops via N. C. Highway No. 43, serving Bruce and Falkland, certificate No» 
428, now outstanding in the name of the Virginia-Carolina Coach Co., to 
be amended, upon presentation to the Commission and upon compliance 
with the prerequisites set out in the Statute, to include the above-outlined 
route. 

4. That the Carolina Coach Co. be and is hereby granted franchise to 
operate as motor vehicle carrier of passengers from Wilson to Snow Hill over 
N. C. Highways Nos. 264, 58 and 102; Snow Hill to Ayden over N. C. High- 
way No. 102, this being all of the operation applied for in Docket No. 2263, 
with the exception of that portion listed on the application as (C), reading 
"Greenville to Bethel over Highway No. 11." Certificate No. 147, now out- 
standing in the name of the Carolina Coach Co. shall be amended, upon 
presentation to the Commission, and upon compliance with the prerequisites 
set out in the Statute, to include the above outlined route. 

The foregoing orders are made and entered without prejudice to the 
rights of the Commission, upon more convincing evidence of financial ability 
and necessity, to hereafter grant the application of Paul T. Ricks for fran- 
chise rights from Rocky Mount to Norlina via State Highway No. 43, and 
with the right to connect said two routes by operating over said Highway 
No. 43 from Rocky Mount to Greenville. 

This 30th day of July, 1941. 

Stanley Winborne, Chairman 
Harry Tucker, Commissioner 
Fred C. Hunter, Commissioner. 

By Order of the Commission: 

R. O. Self, Chief Clerk. 
Dockets Nos. 2152, 2216, 2241, and 2263. 



Decisions and Adjustments of Complaints 353 

PAUL T. RICKS, d/b/a RICK'S TOURS TO OPERATE FROM OAK CITY 
TO WILLIAMSTON VIA HAMILTON OVER N. C. HIGHWAY NO. 125. 

Order 
Johnson, Commissioner: 
Appearances: 
Applicant: 

Dink James, Greenville, N. C. 
Protestants: None. 
This cause arises upon the application of Paul T. Ricks, d/b/a Rick's 
Tours to operate buses for the transportation of passengers from Oak City 
to Williamston via Hamilton over N. C. Highway No. 125. 

The applicant offered several witnesses who proved conclusively that 
there was a necessity for such service. No one appeared to protest the 
application. It is therefore, ordered. 

That, the application of Paul T. Ricks, d/b/a Rick's Tours be granted 
and certificate issued when and if the applicant has otherwise complied 
with the law by filing equipment specification and insurance. 
This the 29th day of June, 1942. 

Stanley Winborne, Chairman 
: '^ Fred C. Hunter, Commissioner 

R. G. Johnson, Commissioner. 
By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2471. 

APPLICATION OF PAUL T. RICKS, d/b/a RICKS TOURS TO OPERATE 
AS MOTOR VEHICLE CARRIER OF PASSENGERS FROM BURGAW 
TO ELIZABETHTOWN VIA N. C. HIGHWAY NO. 53 AND FROM THE 
INTERSECTION OF N. C. HIGHWAY NO. 53 WITH THAT OF AN 
UNNUMBERED HIGHWAY LEADING FROM THE SOUTHERN END 
OF WHITE LAKE AROUND THE SOUTH AND EASTERN SIDE OF 
WHITE LAKE WHERE THE UNNUMBERED HIGHWAY INTER- 
SECTS U. S. HIGHWAY NO. 701, THENCE U. S. HIGHWAY NO. 701 
TO THE INTERSECTION OF HIGHWAY NO. 53. (As Amended.) 

Order , 

Before Commissioner Johnson. 
Appearances : 

For the Applicant: 

Dink James, Greenville, N. C. 
Johnson, Commissioner: The evidence offered by the applicant clearly 
shows convenience and necessity to the public over the route applied for. 
Witnesses having appeared and been examined from Burgaw, Atkinson, 
Kelly, Elizabethtown and White Lake, and other witnesses along the route 
being tendered and no opposition appearing, this Commission finds that 
there is a demand for bus transportation along the route applied for. 
Therefore it is 



354 N. C. Utilities Commission ' 

Ordered that the applicant Paul T. Ricks d/b/a Ricks Tours be granted 
a franchise to operate as motor vehicle carrier of passengers from Burgaw 
to Elizabethtown via N. C. Highway No. 53 and from the intersection 
of N. C. Highway No. 53 with that of an unnumbered highway leading 
from the southern end of White Lake around the south and eastern side 
of White Lake to where the unnumbered highway intersects Highway No. 
701, thence Highway No. 701 to the intersection of N. C. Highway No. 53, 
certificate to issue when the applicant has complied with rules and regula- 
tions of this Commission. 

This the 30th day of June, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Coynmissioner 

By Order of the Commission: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 2687. 



APPLICATION OF J. NATHANIEL HAMRICK, JENICE BROWN HAM- 
RICK AND NATALIE HARRIS HAMRICK, TRADING AS RUTHER- 
FORD COUNTY TRANSIT COMPANY, FOR MOTOR VEHICLE FRAN- 
CHISE RIGHTS. 

Order 
Before Commissioners Johnson and Hunter. 

This is an application heard on the 17th day of April, 1942, for motor 
vehicle franchise rights to transport passengers to and from their places 
of employment at industrial plants located in or near Rutherfordton, Forest 
City, Spindale, Ruth and other points in Rutherford County, North Carolina. 
The several routes covered by said application are more particularly 
described in paragraph 1 of the order herein. 
Appearances : 

For the Applicant: 

J. Nathaniel Hamrick, Rutherfordton, North Carolina. 
For the Protestants: 

T. J. Moss and C. C. Dalton for Inter-Cities Coach Company. 

R. G. Cherry, Gastonia, N. C, for Queen City Coach Company. 

C. W. Tillett, Charlotte, N. C, for Carolina Scenic Coach Company. 
Hunter, Commissioner: It appears from the verified application filed 
in this cause, and from oral testimony supporting the same, that a number 
of industrial plants employing from fifty to one thousand persons each are 
located in the area which the applicants propose to serve; that many of 
said plants are engaged in filling Government contracts essential to the 
war eff'ort, and all must continue to operate to provide employment for 
workers; that from one-third to one-half of said employees live in the rural 
sections of Rutherford County along secondary roads not served by inter- 
city buses, and by reason of the rationing of automobile tires and gasoline 
said employees and others living in said sections will become dependent 
upon public transportation until such time as the use of private automobiles 
is again made available to them. 



Decisions and Adjustments of Complaints 355 

The hearing Commissioners are of the opinion and find that public 
convenience and necessity exist for the service proposed. It is, therefore, 

Ordered (1) That the said applicants, trading as Rutherford County- 
Transit Company, be, and they are hereby, granted a certificate of public 
convenience and necessity to transport passengers by motor vehicle over 
the highways and between the points herein described, to-wit: 

(a) Over U. S. Highway No. 74 from Rutherfordton to a point about one 
and one-half miles east of Forest City; thence over an unnumbered highway 
to Bostic, Washburn's Store and Sunshine, and return. 

(b) Over State Highway No. 741 from Rutherfordton to Harris, and 
return. 

(c) Over State Highway No. 105 from Rutherfordton to a point approxi- 
mately five miles therefrom, and return. 

(d) Over U. S. Highway No. 74 in a westerly direction from Rutherford- 
ton to a point approximately five miles therefrom, and return. 

(e) Over U. S. Highway No. 221 from Rutherfordton to Gilkey, and 
return. 

(f) Over State Highway No. 64-A from Rutherfordton to a point about 
one-half mile north of Westminister, and return. 

The rights herein granted include the right to operate over unnumbered 
intersecting highways for a distance not exceeding three miles from the 
routes above described, all of which said rights are hereby granted subject 
to restrictions set out in an agreement entered into at said hearing by and 
between said applicants and the Carolina Scenic Coach Lines and the Queen 
City Coach Company, which said agreement stipulates: "This franchise 
certificate is granted with the restriction that the grantee of the certificate 
will not pick up any passengers within one-half mile of routes covered 
by franchise issued to Carolina Scenic Coach Lines and Queen City Coach 
Company." 

The foregoing agreement is approved by the Commission upon condition 
that the Carolina Scenic Coach Lines and the Queen City Coach Company 
render adequate local service to the public within said restricted area. 

(2) That a franchise certificate be issued pursuant to the foregoing pro- 
visions of this order upon compliance by the said applicants with the 
law and the rules of the Commission with respect to filing equipment speci-^ 
fications and insurance. 

(3) That unless exceptions are filed hereto within ten days, as pro- 
vided by law, the findings and order herein will become effective as the 
findings and order of the full Commission. 

This the 20th day of May, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioned' 
R. G. Johnson, Commissioner. 

By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 2558. 



356 N. C. Utilities Commission 

APPLICATION OF RUTHERFORD COUNTY TRANSIT COMPANY. 
Order Dismissing Exceptions 

This cause now comes before the Commission upon exceptions filed May 
31, 1942, by Ivey Drum and W. M. Parsons t/a Inter-Cities Coach Com- 
pany, to the findings and order made in this cause on May 20, 1942. 

It appears that T. J. Moss and C. C. Dalton, attorneys for Inter-Cities 
Coach Co., were inadvertently named in said order as protestants. A con- 
sideration of the record shows that the hearing on the above designated 
application was held on the 17th day of April, 1942, and that neither of 
said attorneys was present at said hearing, nor any other representative 
of the Inter-Cities Coach Company; that no appearances were filed by said 
Inter-Cities Coach Company, either at said hearing or later; and that said 
coach company was never and is not now a party in said cause. It is, 
therefore 

Ordered, upon the authority of Utilities Commission v. Kinston, 221 
N. C. 359, that the exceptions filed in this cause by the Inter-Cities Coach 
Company be and the same are hereby dismissed. And it is 

Further ordered that the findings and order herein made on the 20th 
day of May, 1942, be and the same are hereby made the findings and order 
of the full Commission. 

This 30th day of June, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Comynissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Docket No. 2558. 

AGREEMENT BETWEEN THE CAROLINA SCENIC COACH LINES 
AND THE RUTHERFORD COUNTY TRANSIT COMPANY. 

Order Approving Agreement 

Upon consideration of the foregoing attached agreement between Carolina 
Scenic Coach Lines and Rutherford County Transit Company, dated the 
29th day of June, 1942, with respect to operating rights between the towns 
of Rutherfordton, N. C, and Cliffside, N. C, via Spindale, Forest City, 
Alexander, Sandy Mush, Henrietta and Caroleen, over the franchise right 
of said Carolina Scenic Coach Lines, and the Commission being of the 
opinion that said agreement will promote harmony between said carriers, 
conserve equipment and be in the public interest, the same is hereby 
approved for the purposes therein expressed. 
This 6th day of July, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Comviissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2558. 



Decisions and Adjustments of Complaints 357 

APPLICATION OF RUTHERFORD COUNTY TRANSIT COMPANY TO 
OPERATE FROM CLIFFSIDE TO SHELBY. OVER UNNUMBERED 
HIGHWAY FROM CLIFFSIDE TO BOILING SPRINGS AND OVER 
HIGHWAY NO. 150 FROM BOILING CPRINGS TO SHELBY. 

Order 
Before Commissioner Johnson. 
Appearances: 
Applicant: 

Clyde R. Hoey, Shelby, N. C, H. B. Campbell, Charlotte, N. C. 
Protestants: 

K. J. Kindley, Charlotte, N. C, for Queen City Coach Company. 
Johnson, Commissioner: 

This cause arises upon the application of the Rutherford County Transit 
Company for authority to operate as motor vehicle carrier of passengers 
over unnumbered highway from Cliffside to Shelby. Hearing was held on 
this application as advertised on the 25th day of August, 1942. The Queen 
City Coach Company appeared as protestant setting forth the fact that 
at the present time the Queen City Coach Company owns and operates a 
franchise from Shelby to Forest City over U. S. Highway No. 74 and owns 
jointly with Carolina Scenic Coach Company a franchise from Forest City 
to Rutherfordton over U. S. Highway No. 74; and that the Rutherford 
County Transit Company is now operating buses between Rutherfordton and 
Cliffside via Spindale and Forest City under an agreement with the Caro- 
lina Scenic Coach Company. The contention of the Queen City Coach Com- 
pany is that if this franchise were issued to Rutherford County Transit 
Company to operate from Shelby to Cliffside then the Rutherford County 
Transit Company would operate a parallel or competitive line from Shelby 
to Rutherfordton. 

This Commission is convinced from the evidence offered at the hearing 
that there is a local demand for bus transportation between the points of 
Cliffside and Shelby. However, it is not the intention of this Commission 
to permit the operation of a parallel or competitive line to that now 
operated by the Queen City Coach Company from STielby to Forest City. 
It is, therefore. 

Ordered that the Rutherford County Transit Company be, and they 
are hereby, granted the privilege of operating a schedule or schedules 
from Cliffside to Shelby. However, the applicant will not be permitted to 
operate through schedules from Shelby to Forest City via Cliffside. That 
certificate issue when applicant has complied with the law by filing 
insurance with this office in accordance with the law and the Commission's 
rules and regulations. 

This the 10th day of September, 1942. 

Stanley Winborne, Chairman , 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 2670. 



358 N. C. Utilities Commission 

RUTHERFORD COUNTY TRANSIT COMPANY, COMPLAINANT 

V. 

IVEY DRUM, ET ALS, TRADING AND DOING BUSINESS AS 
INTER CITIES CAB COMPANY, RESPONDENTS. 

Order 

This is a proceeding, instituted under Section 8 of the Motor Vehicle 
Carrier Act, C. S. 2613 (q), wherein the complainant, a motor vehicle pas- 
senger carrier, alleges that the respondent, a taxicab or for-hire operator, 
is operating a number of taxicabs and buses over the franchise route of the 
complainant in violation of the franchise rights of said complainant. The 
respondent filed answer denying that his operations are in violation of any 
law. The cause came on for hearing in Rutherfordton on August 12, 1942, 
at which time the Carolina Scenic Coach Lines, with the consent of the 
respondent, was allowed to intervene in the cause and adopt paragraphs 1 
to 15, inclusive, of the complaint and join with the complainant in its prayer 
for relief. 

Appearances : 

For the Complainant: 

Fred D. Hamrick, Sr., for the Rutherford County Transit Co. 
C. W. Tillett, Jr., Charlotte, N. C, for the Carolina Scenic Coach 
Lines, Intervener. 

For the Respondent: 

Thomas J. Moss, Forest City, N. C, for Inter Cities Cab Co., 
Respondent. 
Hunter, Commissioner: This cause presents the constantly recurring 
controversy between franchise carriers and for-hire operators with respect 
to their respective rights to the use of the public highways for the trans- 
portation of persons or property for compensation. The facts found from 
the testimony may be summarized as follows: 

(1). That both the complainant, Rutherford County Transit Company, 
and the intervener, Carolina Scenic Coach Lines, are corporations and 
carriers of passengers by motor vehicle under franchise rights granted by 
the North Carolina Utilities Commission, and both of said carriers are duly 
authorized and licensed by the said Commission to transport passengers 
over U. S. Highways Nos. 74 and 221 between Rutherfordton and Cliffside 
by way of Spindale, Forest City, Alexander, Sandy Mush, Caroleen and 
Henrietta, all of which said points are well defined cities or towns. 

(2). That under date of June 29, 1942, said Carolina Scenic Coach Lines, 
the owner of a franchise certificate issued to it by the North Carolina 
Utilities Commission, which certificate includes the route above described, 
entered into a lease agreement with said Rutherford County Transit Com- 
pany by the terms of which the latter was permitted to operate certain 
schedules over said route from July 1, 1942, to December 31, 1944, upon 
a fixed division of the revenue therefrom, which said lease agreement 
was filed with and approved by the said Utilities Commission, under which 
authority the Rutherford Count Transit Company began transporting 
passengers over said route on July 1, 1942. 



Decisions and Adjustments of Complaints 359 

(3). That since July 1, 1942, both of said carriers have maintained 
regular daily runs over the aforesaid route, serving the public as passenger 
carriers, on schedules and at fares filed with and approved by the Utilities 
Commission. 

(4). That the respondent, Ivey Drum, trading as Inter Cities Cab 
Company, and residing at Forest City, owns and operates for the trans- 
portation of passengers two six-passenger automobiles, a ten-passenger 
automobile, a twelve-passenger bus, and a thirty-passenger bus, all of 
which are operated on taxi tags; that he operated said vehicles over the 
route in question prior to the date that the complainant entered the trans- 
portation business, and continued to operate the same and to transport 
passengers from town to town over said route up to the date of said 
hearing. 

(5). That the service rendered by the respondent is not limited to the 
transportation of industrial workers to and from their places of employ- 
ment, nor to the transportation of people with whom he has a prearranged 
understanding, agreement or contract for transportation, but is held out 
to the public generally, and at lower rates than those approved for said 
franchise carriers operating over said route, using in some instances coupon 
or commutation tickets but usually receiving cash fares for transportation. 

(6). That the respondent is operating over said route in competition 
with the complaining franchise carriers, on or immediately before their 
regular schedules, meeting the same shifts at mills located in said towns, 
picking up passengers indiscriminately along said route, and to all intent 
and purposes operating as a franchise carrier without a franchise certificate 
therefor. 

The laws of this State regulating and controlling motor vehicle passenger 
carriers do not define or classify taxicabs, but do plot out certain operations 
which require a franchise certificate, to wit: "between cities, or between 
towns, or between cities and towns." Section 2, Chapter 136, Public Laws 
of 1927. To the above, Section 2, Chapter 247, Public Laws of 1937, adds 
*'or over a regular route." If the operation is between different cities and 
towns, or over a regular route, then a franchise certificate must be obtained 
unless it comes under one of the following exceptions: 

A. Making casual trips on call, but not picking up passengers along the 
route. Sees. 1-q and 2, Ch. 136, P.L. 1927. Ch. 193, P.L. 1929. 

B. Vehicles used exclusively for (1) transportation of school students 
from and to their homes, (2) transportation of persons to or from religious 
services. Sec. 2, Ch. 136, P.L. 1927. 

C. Motor vehicles of seven-passenger capacity or less operated by the 
owner where cost is shared by neighbor fellow workmen between their 
homes and the place of regular daily employment, when operated for not 
more than two trips each way per day. Ch. 375 P. L. 1931. Sec. 2 (q-2), 
Ch. 407 P.L. 1937. 

D. Motor vehicles used exclusively in the transportation of bona fide 
erruployees of an industrial plant to and from their places of regular 
employment ; provided, that if a franchise operator shall furnish such trans- 
portation facilities to such mill or factory maintaining a residential unit 
of one thousand inhabitants or more the foregoing exception shall not be 
operative. Ch. Ill P.L. 1935. 



360 N. C. Utilities Commission 

E. Non-franchise carriers operating under a bona fide contract. Sec. 4, 
Ch. 247 P.L. 1937. The act does not define *'a bona fide contract", and we 
are not greatly assisted by the context, but it would seem to mean some- 
thing more than the tacit agreement between carrier and passenger by the 
mere act of purchasing a ticket or boarding a bus. It certainly does not 
set at naught the more explicit provisions of the law. 

We conclude that neither a taxicab operator, nor a contract passenger 
carrier, if there is any difference, is permitted under the law as it now 
stands to cruise around over established franchise routes for the purpose 
of picking up potential passengers of franchise carriers, nor are they per- 
mitted to operate between cities, between towns, between cities and towns, 
or over a regular route, unless they come within the exceptions noted above. 
All the public highways are open to licensed non-franchise carriers of pas- 
sengers, but only upon call for some special and individual transportation 
service, or upon a prearranged existing contract for a like service. 

It cannot be the intent of the law to supervise, regulate and control 
motor vehicle franchise carriers as to rates, routes and schedules which 
they cannot fix in the first instance, or subsequently change, without the 
approval of the Utilities Commission, and to require them to provide 
bus terminal facilities, separate accommodations at stations and on buses 
for white and colored passengers, carry their baggage without charge, 
carry insurance for the protection of passengers and the public, use 
transportation equipment which measures up to reasonable standards of 
safety, and then not protect them from competition by taxicabs or for-hire 
carriers operating over the same routes, between the same points, with 
no regulation, restraint or duty other than providing taxi tags for their 
automobiles and buses. The law does not sanction such inequities, and a 
transportation system could not survive under such conditions. It is, there- 
fore, 

Ordered: 1. That the respondent, Ivey Drum, his agents, servants and 
employees, immediately discontinue operating motor vehicles for the trans- 
portation of passengers for compensation between cities, towns, or cities 
and towns, along U. S. Highways Nos. 74 and 221 between Rutherfordton 
and Cliffside, or over any regular route along said highways between said 
points, except in accordance with the provisions of the exceptions to which 
reference is made in paragraphs A, B, C, D and E above. 

2. That each party hereto pay such costs as it has incurred in this case. 

3. That unless exceptions are filed hereto within ten days from the date 
hereof the findings and order made herein will become the findings and 
order of the full Commission, but the filing of exceptions will not stay 
the order herein pending the hearing on said exceptions. 

This 3rd day of September, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission: 
R. O. Self, Chief Clerk. 

Docket No. 2712. 



Decisions and Adjustments of Complaints 361 

DOCKETS NOS. 875, 975(1) AND (2), 1768 AND 1769. APPLICATION 
BY SEABOARD AIR LINE RAILWAY COMPANY (LEGH R. POW- 
ELL, JR., AND HENRY W. ANDERSON, RECEIVERS), FOR A 
FRANCHISE CERTIFICATE TO OPERATE AS A MOTOR VEHICLE 
CARRIER OF PROPERTY. 

Order 
Appearances: 

Dockets 875 and 975(1) and (2). 

W. L. Stanley and Murray Allen, for Applicant. 

Norman Block and D. J. Thurston, Jr., for Protestants. 

Dockets 1768 and 1769. 

W. L. Stanley and Murray Allen, for Applicant. 

Ruark and Ruark, and Irvine B. Watkins, for Protestants. 

By applications of the Seaboard Air Line Railway Company, Legh R. 
Powell, Jr., and Henry W. Anderson, Receivers, docketed under the first 
group of Numbers with appearances shown therewith, authority is sought 
to operate as a carrier of property by motor vehicle over highways parallel- 
ing applicant's line of railroad as designated by segments (D), (E), and 
(F) set forth below. At the hearing held in the Commission's Court Room 
at Raleigh, on December 13, 1939; these three applications were consolidated 
and heard together on one record by consent of the parties. 

By similar applications under Dockets Nos. 1768 and 1769, covered by 
segments (G) and (H) heard on May 1, 1940, with appearances above 
noted and those parties consenting, a consolidated record was made. 

Authority is now outstanding for the applicant to operate as a motor 
vehicle carrier of property on highways paralleling the line of railroad 
as shown in segments (A), (B), and (C). 

Docket 
Designation Between And Date Number 

(A) Monroe Hamlet Renewed June 9, 1935 875 

via U. S. Highway No. 74. 

(B) Monroe Waxhaw ■ April 26, 1938 875 

via N. C. Highway No. 75. 

(C) Hamlet N.C.-S.C. State Line August 10, 1939 975 

via N. C. Highway No. 77. 

(D) Hamlet Wilmington - Heard Dec. 13, 1939 875 

Between Hamlet and a point just east of Lumberton 

via U. S. Highway No. 74. 
Between a point just east of Lumberton and Bolton 

via N. C. Highway No. 211. 
Between Bolton and Wilmington via U. S. Highway 

No. 74. 

(E) Monroe Rutherfordton Heard Dec. 13, 1939 975 

Between Mo.nroe and Charlotte via U. S. Highway 

No. 74. 
Between Charlotte and Lincolnton via N. C. Highway 

No. 27. 



362 N. C. Utilities Commission 

Docket 
Designation Between And Date Number 

Between Lincolnton and Shelby via N. C. Highways 
Nos. 27 and 150. 

Between Shelby and Cliffside via U. S. Highway No. 
74 and N. C. Highway No. 120. 

Between Cliffside and Caroleen via U. S. Highway 
No. 221. 

Between Caroleen and Ellenboro via County road. 

Between Ellenboro and Rutherfordton via U. S. High- 
way No. 74. 

(F) Hamlet Raleigh Heard Dec. 13, 1939 975 

Between Hamlet and Marston via N. C. Highway No. 77. 
Between Marston and Sanford via U. S. Highway No. 1. 
Between Sanford and Pittsboro via U. S. Highway 

Nos. 1 and 501. 
Between Pittsboro and Apex via U. S. Highway No. 64 

and N. C. Highway No. 55. 
Between Apex and Raleigh via U. S. Highway No. 1. 

(G) Raleigh Henderson Heard May 1, 1940 1768 

Between Raleigh and Henderson via U. S. Highway 

No. 1. 
Between Franklinton and Louisburg via N. C. Highway 

No. 56. 
(H) Henderson N.C.-Va. State Line Heard May 1, 1940 1769 

via U. S. Highway No. 1. 

When the matter of applicant's authority to operate as a motor carrier 
in interstate commerce was before me as a Joint Board involving sub- 
stantially the same routes here involved, I recommended that the Interstate 
Commerce Commission deny the authority sought. However, that honorable 
body overruled my recommended report and found that the present and 
future public convenience and necessity will require operation by the 
applicant as a common carrier by motor vehicle of general commodities in 
interstate or foreign commerce provided shipments transported by motor 
vehicle receive a prior or subsequent movement by rail. This decision was 
made by the Interstate Commerce Commission in No. MC-86687 and Sub 
dockets, July 11, 1939, and since has been reopened on petition of applicant 
for the purpose of oral argument directed toward removing or modifying 
the restricting proviso. 

These applications seek authority to engage in the intrastate transporta- 
tion of property in less carload quantities by motor vehicle over high- 
ways paralleling the line of railroad to and from stations now served by 
the railroad. It is proposed to supplement the frequent local and through 
train service which is operated over a single-track system with truck 
service over the highways for the purpose of releasing box cars now handling 
light tonnage and to eliminate the stopping of trains at small stations to 
deliver or receive less carload shipments — the few in number and so light 
in weight that the smaller carrying truck unit is adequate to accommodate 
in lieu of the larger box car. Train service for both carload and less than 



Decisions and Adjustments of Complaints 363 

carload traffic is to continue at the larger stations, but applicant proposes 
to substitute truck service for train service accordingly as the volume of 
traffic at small stations dictates the choice of train or truck service. Appli- 
cant estimates that less than 10 per cent of the less carload traffic handled 
to or from its stations in North Carolina is intrastate in character. 

The trend of testimony from shippers tendered by both applicant and 
protestants is consonant with applicant's position that the substitution 
and supplementing of train service to the foregoing described extent v^ill 
expedite less carload service and improve train schedules v^ithout diminish- 
ing existing local and joint motor carrier service. Protestants, on brief, 
express a fear that the authority for the railroad to operate trucks, as 
here applied for, will render their certificates valueless. A certificate as 
sought by the applicant is self limited to less than carload traffic and to 
existing depots or freight stations along the line of railroad to be operated 
by and with existing railroad facilities as contra distinguished from the 
operations of an independent certificated motor carrier. These protestants, 
themselves, from time to time, seek authority to extend the scope of their 
operations. Their fears appear groundless; otherwise, if tenable, then the 
door is closed to all. 

Protestants, individually or jointly, supply service at many of the rail- 
road stations along the routes paralleling the line of railroad, but they 
are not in a precise position to supply fully the kind of service contemplated 
in these applications. Long distance rate incompatibility of applicant and 
protestants for both intra and interstate service is a matter of public 
record. Concurrence by protestants in the lower long distance railroad 
rates is unlikely. Upon consideration, the evidence as a whole is persuasive 
and I am of the opinion that the proposed operation of motor trucks by the 
applicant is required for the convenience and necessity of the public, and 
that the releasing of freight car equipment from less carload service and 
the betterment of passenger and freight train schedules will result from the 
supplementing and substituting of motor service and equipment, all of 
which will promote the interest of National Defense; therefore. 

It is ordered, that the applicant be, and it hereby is, granted a fran- 
chise certificate to operate as a motor vehicle carrier over all the routes, 
separately or conjointly, sent out in the foregoing opinion, subject to the 
following condition: 

Motor vehicle service to be performed by applicants shall be limited 
to service which is auxiliary to or in substitution of railroad service 
and shall be confined to the picking up of shipments at, or delivery to 
established railroad stations, offices of the Railway Express Company, 
or Post Offices, such shipments not to exceed 10,000 pounds of property 
commonly known as freight, or express, from or to any one point of 
origin or any one point of destination within a period of twenty-four 
consecutive hours; this condition not applicable to United States Mail. 

It is further ordered, that the granting of this certificate be, and it 
hereby is, made subject to suspension, revocation, maximum distance limi- 
tation for truck carriage of local or joint traffic, or such further specific 
conditions as in the future I may find necessary to impose or remove in 
the interest of National Defense, the convenience and necessity of the 
public, to mitigate the contingency of competition destructive to independent 



364 N. C. Utilities Commission 

certificated motor carriers or for co-relation to such further order as may- 
be issued by the Interstate Commerce Commission in Docket No. MC-86687. 
This the 2nd day of December, 1940. 

Stanley Winborne, Commissioner. 
By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Dockets Nos. 875, 975, 1768 and 1769. 

APPLICATION OF SEASHORE TRANSPORTATION COMPANY FOR 
AUTHORITY TO OPERATE AS MOTOR VEHICLE CARRIER OF 
PASSENGERS FROM NEW BERN TO ORIENTAL. 

Order 

This cause arises upon the application of the Seashore Transportation 
Company to operate as passenger motor vehicle carrier from New Bern to 
Oriental over Highway No. 55. 

At the time that Docket No. 849, the application of Washington-Oriental 
Bus Line was heard, on Monday, October 26, 1936, Mr. James M. West, 
the owner of Seashore Transportation Company, applicant in Docket No. 
859, called on the telephone and stated that he would not object to the 
granting of the application in Docket No. 849 insofar as the part from 
Grantsboro to Oriental was concerned, and when the order was entered in 
the case granting the application in Docket No. 849, the following 6ntry 
was made: 

"And that the Seashore Transportation Company do not handle any 
passengers originating between Oriental and Grantsboro and/or destined 
to points between Grantsboro and Washington and/or points beyond 
Washington." 

Mr. Flanagan agreed to this, and the agreement between the two bus 
companies was entered in the record, and it was further ordered that the 
petition of the Seashore Transportation Company in Docket No. 859 be 
granted, therefore it is 

Ordered, that the application in Docket No. 859 be granted and that 
Certificate No. 122, now held by the Seashore Transportation Company 
be amended to include Highway No. 55 from New Bern to Oriental via 
Grantsboro, with the above restriction. 

This March 24, 1937. 

(Written Feb. 28, 1941.) 

Stanley Winborne, Utilities Comm^issioner. 

By Order of the Commission: 

R. O. Self, Chief Clerk. 
Docket No. 859. 

APPLICATION OF SEASHORE TRANSPORTATION CO. EMER- 
GENCY ORDER IN CONNECTION WITH AND IN ADDITION TO 
DOCKET NO. 859. 

Order 

This cause arises upon the question of giving the Seashore Transporta- 
tion Company the right to operate from Grantsboro to Minnesott Beach 



Decisions and Adjustments of Complaints 365 

and adjacent places in connection with the Federal Defense Program, because 
of an air defense base being built by the Federal Government at Minnesott 
Beach, and inasmuch as the Seashore Transportation Company now operates 
from New Bern to Grantsboro and Oriental, and the Washington Oriental 
Bus Line operates from Washington to Oriental through Grantsboro, and 
has been given the right to operate to Minnesott Beach with passengers 
from north of Grantsboro, it appears to be an equitable disposition of the 
matter to permit the Seashore Transportation Company to operate from 
New Bern to Minnesott Beach with passengers from points west of 
Grantsboro, therefore, it is 

Ordered, that the Seashore Transportation Company's Certificate No. 122 
be amended to include from Grantsboro to Minnesott Beach, and it is 

Further ordered, that this Order shall not interfere with the right here- 
tofore granted to the Washington-Oriental Bus Line. 

This February 19, 1941. , , 

Stanley Winborne, Utilities Commissioner. 

By Order of the Commission: 

R. O. Self, Chief Clerk. . • 

Docket No. 859. 



APPLICATION OF SEASHORE TRANSPORTATION COMPANY FOR 
AUTHORITY TO OPERATE AS MOTOR VEHICLE CARRIER OF 
PASSENGERS FROM KINSTON TO NEW BERN VIA DOVER AND 
COVE CITY OVER HIGHWAY NO. 55. 

Order • 

This cause arises upon the application of the Seashore Transportation 
Company to operate as a passenger bus carrier over Highway No. 55 from 
Kinston to New Bern via Dover and Cove City. 

At the time that this Docket No. 1134 was set for hearing the only 
opposition making appearance was the Carolina Coach Company, and an 
agreement was entered into, copy of* which is filed in Docket No. 1432, 
dated January 15, 1940, in which it is agreed between Carolina Coach 
Company and Seashore Transportation Compan